UC VS CTX husband on ILR while wife on dependant visa

[f.khan88]

Hi all,

I m on the almost same board, I am currently getting CHB, CTX and want to apply housing benefit but in the area where I live UC is fully available.

I have 5 children's, 2 of them and my wife are still on my dependent visa, which I had written to CHB and CTX departments (HMRC) they wrote me back and said it won't effect my wife immigration status as for tax credit purposes if one partner have ILR then both would be assume out of immigration control.... As UC is a new system and no one is very much fully aware about how does it work... I have spoken 5-6 times in detail over the phone with UC department bcc the benefit calculator shows a very strange UC entitlement almost same amount which I am currently getting only in CTX but UC representative told me reasonable amount but they can't answer my question

That would still my all 5 children's would get UC including the 2 who are under immigration control? Also as other friend asked would it effect my wife and 2 children's further extensions? And do anyone have idea about right benefit calculator as entitled to is ver strange and turn 2 us only work for British/ ILR family......

I am very confused bcc once I apply for UC then my current CTX would stop and I could not go back to that....

From April next year 2 children rules is coming in place, so I want to apply as soon as possible to avail housing benefit for all legally allowed children's.... I work full time and earn almost £27 K and she is house wife.

Any valuable advise would be highly appreciated.

[CR001]

Can you please refrain from posting your question multiple times onto other members topics. See Multiple Posts (click)

Be patient and wait for someone who can and is willing to answer or offer advice in this topic you already have.

[f.khan88]

Hi all,

I m on the almost same board, I am currently getting CHB, CTX and want to apply housing benefit but in the area where I live UC is fully available.

I have 5 children's, 2 of them and my wife are still on my dependent visa, which I had written to CHB and CTX departments (HMRC) they wrote me back and said it won't effect my wife immigration status as for tax credit purposes if one partner have ILR then both would be assume out of immigration control.... As UC is a new system and no one is very much fully aware about how does it work... I have spoken 5-6 times in detail over the phone with UC department bcc the benefit calculator shows a very strange UC entitlement almost same amount which I am currently getting only in CTX but UC representative told me reasonable amount but they can't answer my question

That would still my all 5 children's would get UC including the 2 who are under immigration control? Also as other friend asked would it effect my wife and 2 children's further extensions? And do anyone have idea about right benefit calculator as entitled to is ver strange and turn 2 us only work for British/ ILR family......

I am very confused bcc once I apply for UC then my current CTX would stop and I could not go back to that....

From April next year 2 children rules is coming in place, so I want to apply as soon as possible to avail housing benefit for all legally allowed children's.... I work full time and earn almost £27 K and she is house wife.

Any valuable advise would be highly appreciated.

[f.khan88]

Casa instead of watching people who are in real need of kind information where they are posting, please try to give your generous comments.

[CR001]

Casa has not posted in this thread, so is there a reason you have directed your pushy comment towards her? We offer our time for free and have jobs and families and members will respond if they wish to respond.

The benefit calculator in the link below will give you an idea of anything you might be entitled to.

http://benefits-calculator.turn2us.org.uk/AboutYou

Though on £27k, don't think you will get a lot.

[Casa]

Casa instead of watching people who are in real need of kind information where they are posting, please try to give your generous comments.

Actually, I've been watching the BBC evening news.

[CR001]

Casa instead of watching people who are in real need of kind information where they are posting, please try to give your generous comments.

Actually, I've been watching the BBC evening news.

Ahhh, I am watching Sky news

[Petaltop]

That would still my all 5 children's would get UC including the 2 who are under immigration control? Also as other friend asked would it effect my wife and 2 children's further extensions? And do anyone have idea about right benefit calculator as entitled to is ver strange and turn 2 us only work for British/ ILR family......

I am very confused bcc once I apply for UC then my current CTX would stop and I could not go back to that....

Tax Credits are one of the income based benefits being replaced by Universal Credit and it will have different rules. You can't "go back" to Tax Credits.

UC is replacing the income based welfare payments presently called: Child Tax Credits; Working Tax Credits; JSA; ESA; Income Support and Housing Benefit. There will also be new rules for SMI (Support for Mortgage Interest) not only for who can claim it, but the fact it will now be a loan with interest and fees, that has to be paid back to the Welfare State. The 'change to a loan' part of SMI will start in April 2018 and will be for exisiting claimants too, even if they are retired and didn't pay off their mortgages before they retired.


From next year, exisiting claimants will start to be moved onto UC and you won't get a choice in that. Some will get transitional protection from getting less benefit money, but most won't and it is easy to lose that transitioinal protection. For those that do get transitional protection (for a short time) they wont get any increases in their benefits until they drop to the UC rates.

Don't forget too, that Housing Benefit and Child tax Credit rates are also frozen for 4 years, from April 2016. In real terms, you will get less benefit money every year.

Some will be better off on UC (those who do more work to support their children as they can now keep a part of their benefit money too), some will get the same benefits and some will be worse off (those that try to avoid putting in the hours to support their own family).

From April next year 2 children rules is coming in place, so I want to apply as soon as possible to avail housing benefit for all legally allowed children's.... I work full time and earn almost £27 K and she is house wife.

If you are already claiming on tax credts for all 5 children, then the 2 child rule won't affect you, except in real terms it will becasue Tax Credits and Housing Benefit and their equivalant part of UC, are frozen for 4 years. You won't be able to add any new children to your claim.

It might get to the point where your wife will have to work and help support her children, if you want to claim UC. Or you can take a drop in UC benefits and she can stay at home.

With 5 children and only one adult working, with just wage of 27k for you all to live on, you must heavily reliant on the welfare state. You will need to keep up to date with all the benefit cuts coming in and the changes for what you and your wife will have to do for your benefits. i.e. the UK is reducing their benefits for children to below that of Germany, France and Sweden; both parents and single parents, to work.

These are some of the benefit reductions.

http://www.entitledto.co.uk/help/benefi ... april_2017

https://www.turn2us.org.uk/Benefit-guid ... -2017-2018

[noajthan]

Casa instead of watching people who are in real need of kind information where they are posting, please try to give your generous comments.

Board T&Cs - point #4

[f.khan88]

Hi Pateltop

Thanks for your generous response and valuable information.

Kind regards,

[f.khan88]

First of Casa I really apologise I had mistakenly typed your id instead of CR001...


CR001, neojthan I can understand that everyone is busy and I did not expect from any particular person to comment on my query.

There is no need to be sarcastic.

The reason why I said that because CR001 was keeping removing my queries and did not kind to comment positively yet, where was I saw him on something similar thread he has comment....

Anyways keep watching tele to enhance your knowledge.

Thanks

[CR001]

The reason why I said that because CR001 was keeping removing my queries and did not kind to comment positively yet, where was I saw him on something similar thread he has comment....

I am a HER not a HIM. Any member (moderators included) can choose which topics/posts they respond to and should not be 'chased' for a response. You posted multiple times in other threads and these posts were removed.

I don't have experience of or much knowledge of Universal Credit, so any advice I might have given would not have been useful.

[f.khan88]

Hi Pateltop,


That would still my all 5 children's would get UC including the 2 who are under immigration control? Also as other friend asked would it effect my wife and 2 children's further extensions? HMRC at the time of CTX confirmed me that it won't.


Any help would be appreactiated

[Petaltop]

Hi Pateltop,


That would still my all 5 children's would get UC including the 2 who are under immigration control?

Firstly, CR001 does a lot of work for this fourm for free. Being rude to her makes me not want to help you.

However on this one occasion....

If you are claiming Tax Credits for 5 children when you are moved to UC from next year, then you will still have 5 children on your claim until they leave lower education, have their 20th birthday, or your claim ends. You won't be able to claim for anymore children from 6 April 2017 because of the 2 child benefit limit. There is lots on the web about how this will work.

As I explained above, in real terms you will get less benefits money every year if you and your wife don't do more to support your own children.

You also need to be aware that UC has much tougher rules that you will have to comply with or else you will be sanctioned. These tough sanctions that range from some benefits being stopped for 3 months to 3 years, are already being tested on JSA claimants. When you are moved to UC, you will be treated the same as JSA claimants and these sanctions will apply to you too.

[f.khan88]

No one is here with their real name, so how can someone know others gender!

[f.khan88]

Thank Petal top,

I appreciate your kind response and all others who are doing well generously.

I have all these information, like you said via online and as i mentioned earlier after speaking to UC represntatives.

But my query was diff and answer for that i could not get yet, neither from online, UC REP. and unfortunitly neither here.

But whatever you and other provided are really help full.

Thanks

[Petaltop]

Thank Petal top,

I appreciate your kind response and all others who are doing well generously.

I have all these information, like you said via online and as i mentioned earlier after speaking to UC represntatives.

But my query was diff and answer for that i could not get yet, neither from online, UC REP. and unfortunitly neither here.

But whatever you and other provided are really help full.

Thanks

You will not be able to claim benefits for a "no recourse to public funds" spouse under UC, but her savings, capital, etc will be used for your benefit calculation as that forms part of your income and capital. There is some transitional protection for those being moved from Tax Credits, but not many will get this and those that do can still lose this "protection". Even for those do get transitional protect, their benefit money will reduce.

There is nothing yet about "no recourse to publc funds" children, at least, nothing that I can find. It seems from what I can find out, is that if they are already on your claim then they will contiue, but you will still be affected by the UK's welfare reforms/cuts.


If you are asking if you will get less benefit money......

Will you be exempt from the welfare cuts? No.

Will you and your wife be affected (get less money given to you) by the benefits being frozen for four years? Yes.

Will you and your wife have to do more to pay your own children, under the welfare reforms? Yes.

The UK made it quite clear that their benefits for children will be reduced to below that of Germany, France and Sweden. These cuts will affect you too, even if you are already claiming.

The benefit calculators only give a rough guide on current benefit rules. They don't take into account all the benefit cuts that are coming in, that's why I gave the links to the benefit cuts that are coming in from 2017 and from 2018 (so far).

The UK now has an annual cap on their welfare bill, that will bring in more benefit cuts and changes for benefit claimants. Only the UK State Pension is protected from future benefit cuts, but that had new rules from April 2016 anyway.

[Petaltop]

Here is a link on UC for a spouse with no recourse to public funds

https://www.gov.uk/government/publicati ... sal-credit

How will Universal Credits treat a couple which consists of one British Citizen with Children, and their non-EEA national partner/wife ETC who has “No Recourse to Public Funds”.

DWP response
If someone who is eligible to claim Universal Credit has a partner who is a person subject to immigration control with no recourse to public funds, only the eligible claimant will be entitled to an award. However the partner’s income/capital will be taken into account when assessing the means of the whole household, and this will affect the amount of the claimant’s award.

[f.khan88]

Thanks Petaltop,

I really appreciate your kind responses..... you are right some cut s in benefits are coming soon. But my first priority is to make sure we claim what we are eligible to, thats why i had spoken both CHB & CTC dept. before to apply those ad written them which they confirm is ok.

As UC is bit new thing and people are not very aware about this even officials, but as you sent a loonk is more helpful and what i have come to conclusion as well. And to be honest i dont mind that they dont give benefit to my wife what i want to know that when we apply as couple and her details would be used as well and even though she does not get any benefits but on letters her name would be there which Home office may tae it as wrong(God forbid) and which is really my concern.

Anyhow thanks for your guidance.

[Petaltop]

And to be honest i dont mind that they dont give benefit to my wife what i want to know that when we apply as couple and her details would be used as well and even though she does not get any benefits but on letters her name would be there which Home office may tae it as wrong(God forbid) and which is really my concern.

Even under the present/old benefit system, most income based benefits look at the income/capital of the claimants partner too, even if that partner can't have benefits.

I'm not even sure from reading my link, if your wife's name will be on your UC claim. What it said was "the partner’s income/capital will be taken into account when assessing the means of the whole household".


Although Tax Credit are an income based welfare payment that was only invented a few years ago, it has lots of anomalies with income based benefits. i.e 'no recourse to public funds' could still claim through a spouse, under TCs, savings was counted for only the interest they received and not on the amount of the savings, etc, These anomalies are being corrected with Universal Credit.


However, as the welfare reforms are returning to 'parents keeping their own children', she may be part of that work requirement part of UC. Parents have only been on UC from this year, and only in certain areas at the moment, so it is hard to see what they have planned for people in your wife's situation. Next year is when they start to move exisitng claimaints over to UC and we will know more then, although by the time you are moved onto UC, your wife may already have found a job.

[f.khan88]

Thanks petal top for your time.