[quote="Wise"]Hello,
My first question is, claiming HB while you're with ROR is a massive risk on your side as having ROR means you're a worker and you must remain that till you aquire you PR. If any caseworker see that claim is going to refuse you as you have break one of the condition for getting ROR.
In addition if you can remember, for you to be granted ROR is either your marriage lasted 3yrs, or your have child and you're the sole carer. Still you still mustn't become burden to any member state.[/quote]
Sorry but i think we would agree to disagree on this one. <If any caseworker see that claim is going to refuse you as you have break one of the condition for getting ROR.>
No where in the ROR letter is was mentioned that having a retained right of residence prevent someone from claiming public funds, [u]provided this person is exercising treaty rights[/u] and Housing benefit alike child benefit,child tax credit,working tax credit is a public fund. So if it does not seem to be a problem claiming child benefit,child tax credit,working tax credit why will it be for HB
Also the ROR stamp does not say "NO RECOURSE TO PUBLIC FUND" therefore i do not see why a caseworker would penalise on the basis of public fund.
According to the public fund guidance,
[[b]This page tells you how to consider cases when a person who is applying for leave has received public funds.
If you have confirmed a person has received public funds, they are not covered by an exception and it was not due to an administrative error, you must consider three points.
Does this suggest the applicant does not meet the Immigration Rules of the category they are applying under?
Most categories in the Immigration Rules require people to be able to maintain and accommodate themselves without having recourse to public funds.[u] If an applicant has received public funds you must consider whether they could maintain and accommodate themselves if they were to immediately stop claiming those funds.
If it is clear a person could not maintain and accommodate themselves you must consider refusing their application under the rules of the category they are applying under.
If it is obvious a person could maintain and accommodate themselves without continuing to claim public funds, you must not refuse their application on these grounds.[/u] For example, they may have enough money available to them from elsewhere. They must stop claiming public funds because they cannot legally claim them.
Have they breached the conditions of their current leave?
A person who applies for leave will have conditions attached to their current leave that states they cannot access public funds. You must check what is written on their:
entry clearance certificate
visa
UK residence permit, or
other immigration document.
You must consider refusing the application under paragraph 322(3) of the Immigration Rules
if they have claimed public funds but their conditions of leave state they cannot access them. This is because they have breached the conditions of their stay. For more information, see related link: General grounds for refusal.
If you find out an applicant has received public funds but you have confirmation this is the result of an administrative error, or because an exception applies, you must not refuse the application on the grounds the applicant has no recourse to public funds. If the applicant was clearly not at fault and they received public funds in good faith, the benefit paying department may seek repayment.
Have they declared they are in receipt of public funds on the application form?
All application forms include a section that asks the applicant to declare whether they have received public funds.
If an applicant has received public funds that have a negative impact on their application, but not declared this on their form, you must refuse the application under paragraph 322(1A) of the Immigration Rules. This is because they have not declared a material fact when making their application. For more information, see related link: General grounds for refusal. If a person has not declared they have received public funds but they can claim these because of an exception you must not refuse under paragraph 322(1A).
Was the Public Fund awarded as the result of an administrative error?
Where the applicant provides confirmation from the awarding body that the public fund was awarded following an administrative error, you must disregard it and not refuse the application on this basis. You must still consider whether the applicant is able to meet any maintenance and accommodation requirements as indicated above.[/b]
