Working tax credits question?

[hoping]

Good evening all,

I have a question which I hope someone can help me with?

I have read similar threads but not sure if they are the same?

I am a British Citizen and my Wife is subject to immigration control and not allowed public funds and is currently still on her FLR which lasts for 2 years but we have ILR next year to apply for. We have no children.

She is in employment however I am not in employment.

I would like to confirm it would not breach the conditions of her visa and would in no way jeopardize her application for ILR when the time comes, by us getting Working Tax Credits as we have made a joint claim and of course she ticked the box that says she was subject to immigration control and normally lives in the UK (as she now does of course)

I called HMRC and was told it is fine to make a claim based on our exact circumstances. But before we made the claim I also wrote to HMRC and also to UKBA

HMRC wrote back and said:

I understand your partner is subject to immigration control and your are concerned about your entitlement to tax credits.

Where one member of a couple is subject to immigration control and the other partner is not subject to immigration control, the couple should be treated as is neither of them were subject to immigration control.

This means that as you are a British Citizen and not subject to immigration control, your partner is also treated as not subject to immigration control for tax credit purposes. I can not advice you if this will affect your partners application for leave to remain in the country. You will need to contact the immigration department who will advise you on this matter.

The letter I got back from UKBA said

If your wife has been given permission to live in the UK with "no recourse to public funds" She will not be able to claim most benefits, tax credits or housing assistance that are paid by the state.

However, there are exceptions for some benefits. If you are in any doubt you should contact the department or agency that issues the benefit. This will often be the DWP or HMRC.

Exceptions because of Nationality of family members:

A person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds they are entitled too.
Child and working tax credits are claimed jointly by couples. If one member of a couple is subject to immigration control, then for tax credit purposes, neither are treated as being subject to immigration control.
A person subject to immigration control can claim certain public funds when they have a right to reside in the UK if they live with a family member who is
*A British Citizen, or
*A National of a country in the European Economic Area (EEA)

I hope this is of some assistance,

Yours sincerely

Home Office


So we made the claim after getting these letters back and we have just been told the claim has gone though and we are getting the second adult element but am getting worried, as someone (not someone from HMRC or UKBA) said we can apply but as your wife is subject to immigration control you can not receive the 2nd adult element as per below?

http://www.hmrc.gov.uk/manuals/tcmanual/tcm0284385.htm

http://www.legislation.gov.uk/uksi/2003 ... 653_en.pdf

http://www.legislation.gov.uk/uksi/2009 ... 887_en.pdf

Following a change in legislation from 6 April 2010, the second adult element of Working Tax Credits (WTC) will not be paid on a WTC only claim from a couple where only one customer is subject to immigration control and not a national of Croatia,

But then I have also read that Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control, then for tax credits purposes, neither are treated as being subject to immigration control.

So I am confused as surely if we are treated as if neither of us are subject to immigration control, ie like two UK Citizens for instance, then we should be able to get the 2nd adult element as we are meant to be treated like neither of us are subject to immigration control so why does it say the second adult element of Working Tax Credits (WTC) will not be paid on a WTC only claim from a couple where only one customer is subject to immigration control?

Also our claim is a joint claim with both our names on it but it says on the Tax Credits form Working Tax Credits to be paid to (My wifes Name). Is that also ok?

I wrote a letter with the claim saying Please ensure we are for certain entitled to the Tax credits before awarding us anything and it is not breaching any of my wife's Immigration Rules also.

Another question is I have is on the ILR form it asks my wife

http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

Are you receiving any public funds?

Then it has a box for Working tax credits, so would my wife tick the box for receiving working tax credits and tick the box for receiving public funds?

or should she not tick the box for "are you receiving public funds" as that is, don't just read the Public Funds definition is para 6 of the Immigration Rules. That is, para 6B comes to our aid and ensures that the benefits I mention (Working Tax Credits) are not Public Funds. That is, there is a distinction between an exemption given by para 6A, and an exemption given by para 6B, and for CB and TCs it is para 6B that we need to look to.

For example, a joint claim for Tax Credits, para 6B effectively removes such Tax Credits from the Public Funds definition, so therefore wouldn't my wife leave the box unticked for receiving public funds and unticked for Working Tax credits?

Hope someone can help here and I would really appreciate it.

[Amber]

A joint claim for tax credits is fine, you just wouldn't get the second adult element of Working Tax Credits (WTC) unless you had a child.

[hoping]

A joint claim for tax credits is fine, you just wouldn't get the second adult element of Working Tax Credits (WTC) unless you had a child.

Thanks Amber, trouble is we are getting the second adult element I have contacted them and told them this, they know we dont have any children?

I would also love Johns input on this is hes around?

[hoping]

It worries me because we are getting the 2nd adult element even though I asked them not to pay us it when we applied and have now written to them again asking them to remove it as it says :

7.1 In April 2009, the Working Tax Credit (Entitlement and Maximum Rate) Regulations were amended to remove entitlement to the second adult of Working Tax Credit (“WTC”) in joint claims where one member of the couple is in the UK illegally and the couple has no responsibility for a child or qualifying young person.

7.2 From 6 April 2010, this restriction is to be extended to include any childless couple in respect of which one partner is subject to immigration control, whether in the UK legally or illegally.

As I dont understand why they are paying us the 2nd adult element? We have no children? We gave them all the information they needed and we were up front and honest about all our circumstances. Maybe they are paying us it by an administration error or maybe there is some rule which means we can get the 2nd adult element somehow? I dont know? But we were just worried it would affect my wifes ILR next year when she applies

[hoping]

A joint claim for tax credits is fine, you just wouldn't get the second adult element of Working Tax Credits (WTC) unless you had a child.

Well my wife got her ILR and we applied for tax credits. However, they back dated the claim to 1 month before she got her ILR in June this year and paid us the 2nd adult element with the claim. However, we have had a baby since March this year. What are peoples thoughts on that.

[hoping]

http://www.hmrc.gov.uk/manuals/tcmanual/tcm0284385.htm

[mariacrawford2010]

i know this was a while back, but what was the outcome? ive had this worry for the last few years as i am a uk resident and claiming tax credits but my hubby also has no access to public funds and like yourself, i have said this when submitting my reports yearly, but in his application form to apply for apply to stay in uk, it asks if he has claimed anything? well he hasnt, but i have and ofcourse his name is in it? what do we put? and what was your outcome? thank you!

[CR001]

i know this was a while back, but what was the outcome? ive had this worry for the last few years as i am a uk resident and claiming tax credits but my hubby also has no access to public funds and like yourself, i have said this when submitting my reports yearly, but in his application form to apply for apply to stay in uk, it asks if he has claimed anything? well he hasnt, but i have and ofcourse his name is in it? what do we put? and what was your outcome? thank you!

Tax credits MUST be claimed in JOINT names with your spouse. If you have not been doing this, you might have a problem.

[poketoho]

mariacrawford2010
Hi Mariacrawford2010, pls what did you tick in the form?? Did you tick your husband not or never receive public funds including Tax Credit even though his name appeared on your paper as joined claim, and even though he never never receive funds from gov into his bank account but you have.So what did you fill in the form?? cos i have similar case to yours. And have you received approval from Home office?? Pls your response and answer will be more appreciated!
God Bless!