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public fund

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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sahi2015
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public fund

Post by sahi2015 » Fri Mar 13, 2015 9:09 am

Hi

I m going to apply my ILR in September this year with with my spouse from tier 1 general .

My wife came in UK in may 2011.she joined a assistant teacher course (STLS LEVEL 2 CERTIFICATE) last year through ADULT EDUCATION .
IN their (ADULT EDUCATION) enrolment form it was written that " if u r resident of uk for last three 3 " its free of any charge.

Now my question is that as this course provided by adult education." IS this support come under public fund ?" As we did not pay any money to them

Any help would b much appreciated
Regards

Omor4real
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Re: public fund

Post by Omor4real » Fri Mar 13, 2015 11:00 am

sahi2015 wrote:Hi

I m going to apply my ILR in September this year with with my spouse from tier 1 general .

My wife came in UK in may 2011.she joined a assistant teacher course (STLS LEVEL 2 CERTIFICATE) last year through ADULT EDUCATION .
IN their (ADULT EDUCATION) enrolment form it was written that " if u r resident of uk for last three 3 " its free of any charge.

Now my question is that as this course provided by adult education." IS this support come under public fund ?" As we did not pay any money to them

Any help would b much appreciated
Regards
Is government funding so is public fund, some school will not allow her to do it, but i don't think home office will know expect you tell them, because the ones they will be able to trace are the public funds you provide your NI no for.

sahi2015
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Re: public fund

Post by sahi2015 » Fri Mar 13, 2015 4:48 pm

Hi
Thank u for reply ...is It mean public fund are tracked through NI NO?
Plz correct me if I wrong .

this cours is county concil funded

Plz suggest me that should we pay the money to council ?
Or it's batter to keep quite ? :|

Thankx for reply
Regard s

Omor4real
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Posts: 103
Joined: Wed Jul 09, 2014 3:31 am

Re: public fund

Post by Omor4real » Fri Mar 13, 2015 6:50 pm

sahi2015 wrote:Hi
Thank u for reply ...is It mean public fund are tracked through NI NO?
Plz correct me if I wrong .

this cours is county concil funded

Plz suggest me that should we pay the money to council ?
Or it's batter to keep quite ? :|

Thankx for reply
Regard s
I don't think they will normally asked for your NI while you take the course, but some of the provider won't let you do it if you have no recourse to public fund on your visa.

Yes public fund are traced through NI no because that is what you provide when you need to claim benefit like tax credit, housing etc.

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CR001
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Re: public fund

Post by CR001 » Fri Mar 13, 2015 6:57 pm

Please see page 17 and page 18 of the Set(O) form in regards to what is considered public funds/benefits for the purpose of ILR

https://www.gov.uk/government/uploads/s ... 0_1_15.pdf
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sahi2015
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Re: public fund

Post by sahi2015 » Fri Mar 13, 2015 7:39 pm

Hi

Yes she checked with the lady who provide the training of this course, for her point of view its fine and she also check with councils which allow this course for my wife .

But I think they r not well familier with immigration rules that y they allow my wife to do course .because when we email today to lady who deal with this course in council she said "she do not know if my wife is eligible for course on tier 1general dependent "
But my wife already doing and course going to b completed next month .
But I m worried because my wife filled enrolment form at the start of this course.which could b a problem for us .
We are not sure if we provide NI NO at the time of enrolment.
plz can any body give the solution of this how we should deal with this situation
Regard

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CR001
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Re: public fund

Post by CR001 » Fri Mar 13, 2015 7:45 pm

If you are so worried, why not make arrangements to pay the course fee back.

Personally, I can't see it being a problem as it is not public funds for the purpose of ILR and National Insurance number etc. Perhaps one of the other mods could confirm.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Omor4real
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Re: public fund

Post by Omor4real » Fri Mar 13, 2015 8:33 pm

sahi2015 wrote:Hi

Yes she checked with the lady who provide the training of this course, for her point of view its fine and she also check with councils which allow this course for my wife .

But I think they r not well familier with immigration rules that y they allow my wife to do course .because when we email today to lady who deal with this course in council she said "she do not know if my wife is eligible for course on tier 1general dependent "
But my wife already doing and course going to b completed next month .
But I m worried because my wife filled enrolment form at the start of this course.which could b a problem for us .
We are not sure if we provide NI NO at the time of enrolment.
plz can any body give the solution of this how we should deal with this situation
Regard
Just calm down i don't think is big problem , because i don't think home office can trace it, except you tell them. The ones that are really after are the benefits.

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Re: public fund

Post by John » Fri Mar 13, 2015 8:39 pm

Omor4real wrote: Is government funding so is public fund, some school will not allow her to do it, but i don't think home office will know expect you tell them, because the ones they will be able to trace are the public funds you provide your NI no for.
No, no, no! it is absolutely wrong to think "Is government funding so is public fund". That is absolutely not the case.

"Public funds" is a strictly defined, in para 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;
(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;
(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;
(d) Universal Credit under Part 1 of the Welfare Reform Act 2012 or Personal Independence Payment under Part 4 of that Act;
(e) Universal Credit, Personal Independence Payment or any domestic rate relief under the Northern Ireland Welfare Reform Act 2013;
(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 even that is subject to clarification from paras 6A, 6B and 6C.

Nothing there about the remission of fees mentioned by the OP.
John

Omor4real
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Re: public fund

Post by Omor4real » Fri Mar 13, 2015 8:49 pm

John wrote:
Omor4real wrote: Is government funding so is public fund, some school will not allow her to do it, but i don't think home office will know expect you tell them, because the ones they will be able to trace are the public funds you provide your NI no for.
No, no, no! it is absolutely wrong to think "Is government funding so is public fund". That is absolutely not the case.

"Public funds" is a strictly defined, in para 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;
(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;
(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;
(d) Universal Credit under Part 1 of the Welfare Reform Act 2012 or Personal Independence Payment under Part 4 of that Act;
(e) Universal Credit, Personal Independence Payment or any domestic rate relief under the Northern Ireland Welfare Reform Act 2013;
(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 even that is subject to clarification from paras 6A, 6B and 6C.

Nothing there about the remission of fees mentioned by the OP.
John am not disputing you and that is why i told him not to worry, but is a situation have find myself once, and i was not allow to do the course because they said is public fund and since am not entitled to any benefit, then i can't do it.

John
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Re: public fund

Post by John » Fri Mar 13, 2015 9:31 pm

Omor4real wrote:John am not disputing you and that is why i told him not to worry, but is a situation have find myself once, and i was not allow to do the course because they said is public fund and since am not entitled to any benefit, then i can't do it.
The regulations are complicated. Did they actually say you were not entitled because it was public funds? Or possibly because you were subject to subject to immigration control? Or for some other reason?
John

sahi2015
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Re: public fund

Post by sahi2015 » Sat Mar 14, 2015 9:52 am

Hi
Thanks guys for your valuable discusions and time I really appreciate that efforts

Now I think I have come to conclusion as I had red SFA (skill funding agency ) which provide fund for adult education

https://www.gov.uk/sfa-funding-rules-20 ... -4-annex-1

The relevant part are
Section 10 which is Non-EEA citizens
[10] A non-EEA citizen is eligible for funding if they have permission granted by the UK government to live in the UK, which is not for educational purposes, and has been ordinarily resident in the UK for at least the previous 3 years before the start of learning.
And‘No recourse to public funds’
[27] In an individual’s passport the UK Border Agency may have stamped ‘no recourse to public funds’. ‘Public funds’ are defined in the immigration rules, and the benefits and services listed do not include education or any education funding. As a result, this condition in a passport makes no difference to a learner’s eligibility, which must be decided under the normal eligibility conditions.
Plz tell me that are these paragraph make any sence that any one who got stamp "no recourses to public fund " can be eligible for fund thanks

Regard

sahi2015
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Re: public fund

Post by sahi2015 » Sat Mar 14, 2015 9:55 am

Plz also comments m i a ordinary resident ? As I m on tier 1 general and my wife is dependent on me since may 2011
Thanks

Omor4real
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Re: public fund

Post by Omor4real » Sat Mar 14, 2015 5:39 pm

John wrote:
Omor4real wrote:John am not disputing you and that is why i told him not to worry, but is a situation have find myself once, and i was not allow to do the course because they said is public fund and since am not entitled to any benefit, then i can't do it.
The regulations are complicated. Did they actually say you were not entitled because it was public funds? Or possibly because you were subject to subject to immigration control? Or for some other reason?
It was my local authority that was doing the course then around 2011. I filled all the form with no trouble and on the day that we were suppose to start, then they asked if am entitled to any benefit and i said no. The lady said am not entitle as government funding and is only available to people that can claim benefit.

ram14esh
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Re: public fund

Post by ram14esh » Fri Mar 25, 2016 8:55 am

I hope that you have already got your ILR dependant approved now? have you faced any problem? any additional documents submitted for the public funds query here?

John Green
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Re: public fund

Post by John Green » Tue Apr 05, 2016 6:42 pm

With out knowing the exact immigration rules, I was told at my local JobCentre that if my wife came here on the spouse visa, she could not sign on as seeking work. They only, at the Job Centre, deal with people getting UK state benefits, which she will not for 5 years.

Further to this, I was told there that logically, if she wants to do retraining to find a job here, it would normally be something I would have to pay at least part way towards. Since she is outside the benefits system that acts as the gateway to free government backed training schemes.

If people here know differently, I will certainly pass the information to her.

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