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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Thank you Casa. We have a son and as for now i don't have any income. The question is the council dont want to award it a single person but instead as a couple would that affect my on-going EEA2 applicationCasa wrote:The Council will have to take into consideration that you are living in the property and if you have any income, but assuming you don't have children your wife can only be awarded Housing Benefit for a single person, not as a couple.
So you are saying if we go ahead and apply for the HB as couple it will not affect my applicationCasa wrote:I believe the single person + child allowance is the same as that for a couple. One important point...is your wife working?
Casa wrote:Petaltop is better placed to advise on this. Stand by for her comments.
Can you confirm whether your wife is employed?
If there aren't any children and the wife is under age 35, then it will just be the shared accommodation rate. She won't get the full amount of LHA shown on your council's website as they will use your joint income to calculate how much she can have of the rate she is allowed. I'm assuming this is a private let and not social housing.Casa wrote:The Council will have to take into consideration that you are living in the property and if you have any income, but assuming you don't have children your wife can only be awarded Housing Benefit for a single person, not as a couple.
Thank you Petaltop and Casa for your contribution so farCasa wrote:I'll move the thread to the EEA sub-forum to avoid repeating the question.
Just to reduce confusion, I am assuming that your 'wife' is in indeed your wife. Some people use 'wife' for a live-in partner, and that can cause dangerous confusion on a board like this.omoowo wrote:So you are saying if we go ahead and apply for the HB as couple it will not affect my applicationCasa wrote:I believe the single person + child allowance is the same as that for a couple. One important point...is your wife working?
The UKVI will be aware of the Housing Benefit whichever bank statement is submitted. Trying to hide benefit payments will only raise more problems, as information is shared between all Government departments and cross-checks are easily carried out.toni34 wrote:Whether your wife is receiving housing benefit it doesn't really matters , but if I were I would never use the same bank statement showing benefit to apply for your RC or for your PR . People may not agree with me but it is better to be safe .
Richard W wrote:Just to reduce confusion, I am assuming that your 'wife' is in indeed your wife. Some people use 'wife' for a live-in partner, and that can cause dangerous confusion on a board like this.omoowo wrote:So you are saying if we go ahead and apply for the HB as couple it will not affect my applicationCasa wrote:I believe the single person + child allowance is the same as that for a couple. One important point...is your wife working?
Although directive 2004/38/EC talks about avoiding an 'unreasonable burden' on the 'social assistance' system, this does not apply to workers, and so, by implication, their families. Applying for benefit should not have any effect on your application - nothing in the directive or the EEA Regulations makes provision for such a problem. The only issue I can see is that your wife will be subject to two sets of scrutiny of her employment, to determine whether it is a real and significant enough job to make her a 'worker'. If she's paying national insurance, there should be no problems resulting from applying for HB.
There is no clear definition of 'worker', only a number of decisions. It is possible for the DWP and the HO to come to different conclusions, and it is conceivable that they will compare decisions and automatically select the worse one - double jeopardy.omoowo wrote:This part i dont get : The only issue I can see is that your wife will be subject to two sets of scrutiny of her employment, to determine whether it is a real and significant enough job to make her a 'worker'. If she's paying national insurance, there should be no problems resulting from applying for HB.
Therefore she's clearly a worker, by the UK's 'impure' MET test.omoowo wrote:She working 32hrs per week
He is not obliged to disclose it at all to ukvi , he doesn't need to fill the new eea form where they ask you if you have had benefit , he will be fine any way , I have seen people who had housing benefit ,wtc and child benefit for the full 5 years of their RC and they granted them pr as self sufficient based on the husband work plus csiCasa wrote:The UKVI will be aware of the Housing Benefit whichever bank statement is submitted. Trying to hide benefit payments will only raise more problems, as information is shared between all Government departments and cross-checks are easily carried out.toni34 wrote:Whether your wife is receiving housing benefit it doesn't really matters , but if I were I would never use the same bank statement showing benefit to apply for your RC or for your PR . People may not agree with me but it is better to be safe .
A caseworker may run internal checks regardless of information volunteered by an applicant.toni34 wrote:He is not obliged to disclose it at all to ukvi , he doesn't need to fill the new eea form where they ask you if you have had benefit , he will be fine any way , I have seen people who had housing benefit ,wtc and child benefit for the full 5 years of their RC and they granted them pr as self sufficient based on the husband work plus csiCasa wrote:The UKVI will be aware of the Housing Benefit whichever bank statement is submitted. Trying to hide benefit payments will only raise more problems, as information is shared between all Government departments and cross-checks are easily carried out.toni34 wrote:Whether your wife is receiving housing benefit it doesn't really matters , but if I were I would never use the same bank statement showing benefit to apply for your RC or for your PR . People may not agree with me but it is better to be safe .
The MET (for benefit puposes at least) is based on how much they earn, not the hours they work.Richard W wrote:Therefore she's clearly a worker, by the UK's 'impure' MET test.omoowo wrote:She working 32hrs per week
Yes. I converted hours to pounds assuming minimum minimum wage for an adult other than an apprentice, and found the MET was exceeded.Petaltop wrote:The MET (for benefit puposes at least) is based on how much they earn, not the hours they work.Richard W wrote:Therefore she's clearly a worker, by the UK's 'impure' MET test.omoowo wrote:She working 32hrs per week
It makes one wonder what will happen to the simple test for the application of the EEA Regulations. Perhaps it will stay tied to the NI threshold, the PET. For many working EEA nationals, there is a simple dichotomy - you're either a qualified person, or an illegal worker! Perhaps the 'reasonable cause to believe' clause (IA 1971 Section 24B(1)(b), by IA 2016 Section 34) will protect those in the grey area.Petaltop wrote:Under these new welfare reforms, the earnings they will need to make under their Universal Credit agreement, will be much higher than the MET used on EEA citizens at present.
Yes, as far as the EEA Regulations are concerned. The answer might be different for benefit regulations - I haven't studied them.omoowo wrote:Does this apply to Irish Citizen ?Richard W wrote:Therefore she's clearly a worker, by the UK's 'impure' MET test.