Detailed Public Funds guidance

[John]

Now that you have ILR you are entitled to claim any benefits that your circumstances dictate you are entitled to.

As regards Housing Benefit and also Council Tax Benefit, make your wife's immigration status clear to the Council. However with children in the house her status should make no difference to the amount of such benefits that are payable.

CB? You claim that.

Tax Credits? That claim MUST be in the joint names of you and your wife, but being such a joint claimant is totally OK for your wife. If you make a sole claim for Tax Credits in your circumstances, that would amount to benefit fraud.

[zakir1988]

Dear guys

my solicitor who is very good ruuning in our community for the past 25 years our solicitor told me if I get housing benefit it won't effect my wifes visa when we come to renew it as I am british born citizen and my daugther. I work part time I'm not a dependent when we applied under FLR FP 10 years route parent we just paid the fee single fee £601 If was appying as a dependent then the fee would of gone up
I think my solicitor just put my name on the form who's my wife living with as a partner getting housing benefit will not effect it if i was a dependent then getting housing benefit will effect it.

Is anyone british citizen getting housing benefit and working partime and have renewed your partners visa

[VIbenye]

Hi I am on my second 3yrs of DLR. I have 3 children. 2 of my children got the first 3yrs of DLR and are now on their second 3yrs of DLR with me. My last child however was given 3yrs DLR only because she is a dependant child of a parent with DLR and consideration was given under paragraph 305 of immigration rules. She was told in order to qualify for settlement she must complete a continuous period of at least 120 months in the UK.
She is not allowed to claim benefits. She is 2 years old.
Am already getting child tax credit and child benefit for all 3 children. I am also on income support and housing benefit.
Please do I need to call up and ask them to stop giving me child benefit and childtax credit am recieving on her behalf?
Her DLR is valid until 2017. What form should I apply for further leave to remain for her.
I and my other 2 children will be applying for ILR.

Please I need urgent help. Thank you for your reply.

[vinny]

Where were your children born?

Was there a "No recourse to Public funds" notice?

[Amber]

You can claim Child Benefit and Child Tax Credit for the children insofar as you have recourse to public funds, their immigration status is irrelevant.

Now regarding a 10 year route to settlement for a child, I suggest that when you apply for the other children's ILR, presumably after 6 years ILR, you also apply for the youngest child's ILR citing section 55 Borders Citizenship and Immigration Act 2009.

[gunners7k]

Hi

I am in a spouse visa and due for renewal next April, my wife claims child tax credits for the kids, solicitor told me I wasn't allowed to resort to public funds so no working tax, which I have never claimed, however after ringing them up to ask why more money in account, they have automatically started paying working tax credit after receiving my p60, my wage went down(2014/2015 tax year) meaning they paying me extra each week! Rang them to say stop the payments but won't until I receive renewal pack, I'm worried this is going to show up on bank statements and also award notice, help!!

I'm entitled to clam the working tax credit and will it affect my visa!!

Help!!!!!!!

Thanks

[dmj84]

Hello, I'm new to this forum and have a question about applying for council housing if my husband is on a spouse visa.

I am a British Citizen, my husband is on his second round of the 2 year spouse visa. We are expecting our first child in November. We are currently living with my mum in a housing association property which is my mother's. We have been living here since we initially applied for his visa. Once the baby comes we cannot live with my mother anymore as there just won't be enough space for all of us.

Am I entitled to apply for council housing if my husband is subject to immigration controls and no recourse to public funds? I have read various posts about this but they are all quite old and I'm aware that immigration rules are changing all the time.

Any help or insight would be greatly appreciated.

Thank you.

[Casa]

You can only be accommodated in Council housing as a single person with a child, not as a couple and child. i.e Your husband won't be considered in the application when points for entitlement are awarded.

[dmj84]

But if I apply as a single person with child this will affect my husband's application for ILR next year right? So we don't have any other options?

[Casa]

No it won't, but you must declare that you husband is under Immigration control when you apply to be considered for Council housing.

[San246]

Hi I'm new to this forum and this my first time posting. Even though I've read some of the information that I believe is relevant to me, I'm still confused and unsure. I don't want to do anything to jepodise my spouses Flrm visa.

I have a query in regards to claiming housing benefits. My spouse and I have been married three years and have a daughter together. We have been living in shared accommodation since our marriage but now need to move somewhere bigger as staying in one room with a baby is to crowded. My landlords already given us notice to move out by the end of the month but I can't apply for council housing because I haven't reached 5 years in the current borough. So privately renting is my only option but because I'm not working it's going to be hard for me to pay the rent. I'm currently claiming child benefit and work & child tax credit, can I claim housing benefit if I'm not claiming JSA? I don't really want to claim JSA as I don't have plans in returning back to work until my baby's 3. If I can claim do I need to apply for HB first then look for accommodation? Or can't I just find a place then apply? Please forgive me if I am repeating something someone else has already posted its just I may not have come across it so I'm posting this separately. Thank you

[Casa]

What is your immigration status? Do you have recourse to Public funds?

[San246]

I'm a British citizen so is my baby just my husband is on the FLRM 5 years route, 2nd extension.

[sud315]

This thread seems too old now. Is there an update on this thread that someone has done? (Sorry I couldn't find one here) or are benefit info still the same?
Thanks.

[CR001]

This thread seems too old now. Is there an update on this thread that someone has done? (Sorry I couldn't find one here) or are benefit info still the same?
Thanks.

If you have a question, it is better to start your own topic. However, the first post in this thread contains the link to the guidance.
https://www.gov.uk/government/publications/public-funds

[Minnie26]

Hi- I posted this in the benefits section but maybe it’s more relevant here -


I am new to the world of UK immigration and just wanted some advice before we make a very expensive application for my Algerian fiancé to come and live with me in the UK.
I am receiving PIP so we are eligible on the financial side but I wanted to ask about Carers Allowance .
I have checked on the gov.uk website and Algeria is an exception to countries that restrict NRPF . It seems that Carers Allowance can be claimed by Algerian nationals before ILR is granted . If this is not the case then i wouldn’t be able to afford to bring him here so I dont want to start the complicated process and not be able to afford to see it through .

Many thanks
Minnie

[vinny]

See also NRPF Network.

[vinny]

For reference:

Guidance

For immigration purposes, benefits and services classed as public funds are set out in s115 of the Immigration and Asylum Act 1999 and at paragraph 6 of the Immigration Rules.

s115 Exclusion from benefits.

• (1) No person is entitled [F1to universal credit under Part 1 of the Welfare Reform Act 2012 or] to income-based jobseeker’s allowance under the M1Jobseekers Act 1995 [F2or to state pension credit under the State Pension Credit Act 2002] [F3or to income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance)] [F4or to personal independence payment] or to—
  • (a) attendance allowance,
  • (b) severe disablement allowance,
  • (c) [F5carer’s allowance],
  • (d) disability living allowance,
  • [F6(e) income support,]
  • F7(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • F7(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (h) a social fund payment,
  • [F8(ha) health in pregnancy grant,]
  • (i) child benefit,
  • [F9(j) housing benefit, or]
  • [F9(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
    under the M2Social Security Contributions and Benefits Act 1992 while he is a person to whom this section applies.
• (2) No person in Northern Ireland is entitled to [F10state pension credit under the State Pension Credit Act (Northern Ireland) 2002, [F11 to income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance)] [F12, to universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015] [F13, to personal independence payment under Part 5 of that Order] or to]—
  • (a) income-based jobseeker’s allowance under the M3Jobseekers (Northern Ireland) Order 1995, or
  • (b) [F14disability living allowance or] any of the benefits mentioned in paragraphs (a) to (j) of subsection (1),
    M4under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 while he is a person to whom this section applies.
• (3) This section applies to a person subject to immigration control unless he falls within such category or description, or satisfies such conditions, as may be prescribed.
• (4) Regulations under subsection (3) may provide for a person to be treated for prescribed purposes only as not being a person to whom this section applies.
• (5) In relation to [F15health in pregnancy grant or] [F16child benefit], “prescribed” means prescribed by regulations made by the Treasury.
• (6) In relation to the matters mentioned in subsection (2) (except so far as it relates to [F17health in pregnancy grant or] [F16child benefit]), “prescribed” means prescribed by regulations made by the Department.
• (7) Section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992 (supplemental powers in relation to regulations) applies to regulations made by the Secretary of State or the Treasury under subsection (3) as it applies to regulations made under that Act.
• (8) Sections 133(2), 171(2) and 172(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 apply to regulations made by the Department under subsection (3) as they apply to regulations made by the Department under that Act.
• (9) “A person subject to immigration control” means a person F18... who—
  • (a) requires leave to enter or remain in the United Kingdom but does not have it;
  • (b) has leave to enter or remain in the United Kingdom which is subject to a condition that he does not have recourse to public funds;
  • (c) has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking; or
  • (d) has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.
• (10) “Maintenance undertaking”, in relation to any person, means a written undertaking given by another person in pursuance of the immigration rules to be responsible for that person’s maintenance and accommodation.

Paragraph 6 of the Immigration Rules.

“Public funds” means:

• (a) housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985, Part I or II of the Housing (Scotland) Act 1987, Part II of the Housing (Northern Ireland) Order 1981 or Part II of the Housing (Northern Ireland) Order 1988; and
• (b) attendance allowance, severe disablement allowance, carer’s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992; income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker’s allowance under the Jobseekers Act 1995, income related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002; and
• (c) attendance allowance, severe disablement allowance, carer’s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits (Northern Ireland) Act 1992; income support, council tax benefit and, housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 or income related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007; and
• (d) Universal Credit under Part 1 of the Welfare Reform Act 2012 or Personal Independence Payment under Part 4 of that Act; and
• (e) Universal Credit, Personal Independence Payment or any domestic rate relief under the Welfare Reform (Northern Ireland) Order 2015; and
• (f) a council tax reduction under a council tax reduction scheme made under section 13A of the Local Government Finance Act 1992 in relation to England or Wales or a council tax reduction pursuant to the Council Tax Reduction (Scotland) Regulations 2012 or the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012; and
• (g) a payment made from a welfare fund under the Welfare Funds (Scotland) Act 2015; and
• (h) a discretionary support payment made in accordance with any regulations made under article 135 of the Welfare Reform (Northern Ireland) Order 2015; and
• (i) a discretionary payment made by a local authority under section 1 of the Localism Act 2011.

For the purpose of these rules,

• (i) a person (P) is not to be regarded as having (or potentially having) recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P’s family sponsor unless, as a result of P’s presence in the UK, the family sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the family sponsor’s joint entitlement to benefits under the regulations referred to in subparagraph (ii) below; and
• (ii) subject to subparagraph (iii) below, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002; and
• (iii) a person (P) making an application from outside the UK will be regarded as having recourse to public funds where P relies upon the future entitlement to any public funds that would be payable to P or to P’s family sponsor as a result of P’s presence in the UK (including those benefits to which P or the family sponsor would be entitled as a result of P’s presence in the UK under the regulations referred to in subparagraph (ii) above).

[vinny]

3 to 4 year olds (30 hours) Extended childcare.

Childcare is apparently not a Public fund. However, a person who is subject to the “No Recourse to Public Funds” (NRPF) condition may be ineligible to claim due to failing a residence requirement.