ILR Application-Direct payments for carers

[grenland7862]

Dear Members,

I forwarded ILR application few weeks ago along my dependents under Tier 1 Entrepreneur,i would be grateful if anyone can clarify these queries:-

My mother came to see me and my brothers in 2015( all family members settled in UK, she regularly used to visit UK for past 20 years) , unfortunately 15 days before her departure date she suffered two severe ischemic strokes resulted severe physical and neurological disabilities.She discharged from hospital after 6 months and decided to stay with me ( because she is emotionally very close with me) ,we then applied to change her visitor visa to exceptional leave and still waiting for the decision.
One year later she suffered 3rd stroke that made her disabilities worse and loss of limited eye vision.

I & my wife have been struggling to take care her as we also need to manage our business and children.

Local council initially used to sent carers for my mother but due to language barrier my mother was not getting the proper help then council offered me Direct Payments and advised us to arrange carers from our local community and make payments from direct payment funds through payroll.my mother's social worker also advised my wife resign current job and become carer of my mother.
I hired 3 carers (inducing my wife) and mostly paid from direct payments funds and some time contributed personal money if funds are low.

Few months later social worker did carer assessment of my whole family and found that we need extra few hours to manage my mother's caring responsibilities.

Social worker clarified that direct payments are not benefits as this is usually paid to carers through payroll and carer services have nothing to do with immigration.

We refused to apply carer allowance as suggested by social worker because we have no recourse to public funds.

Council also gave me 20% discount on council tax ( as disable person living with us) but few months later i requested to cancel the discount and paying full council tax since then.

We are not claiming any benefits.

Can anyone clarify me that care assessment and managing carer of my disable mother are not benefits that would effect ILR.

Please also clarify about council tax discount scheme due to disable individual ?

Many thanks

[CMOSUK]

Dear Members,

I forwarded ILR application few weeks ago along my dependents under Tier 1 Entrepreneur,i would be grateful if anyone can clarify these queries:-

My mother came to see me and my brothers in 2015( all family members settled in UK, she regularly used to visit UK for past 20 years) , unfortunately 15 days before her departure date she suffered two severe ischemic strokes resulted severe physical and neurological disabilities.She discharged from hospital after 6 months and decided to stay with me ( because she is emotionally very close with me) ,we then applied to change her visitor visa to exceptional leave and still waiting for the decision.
One year later she suffered 3rd stroke that made her disabilities worse and loss of limited eye vision.

I & my wife have been struggling to take care her as we also need to manage our business and children.

Local council initially used to sent carers for my mother but due to language barrier my mother was not getting the proper help then council offered me Direct Payments and advised us to arrange carers from our local community and make payments from direct payment funds through payroll.my mother's social worker also advised my wife resign current job and become carer of my mother.
I hired 3 carers (inducing my wife) and mostly paid from direct payments funds and some time contributed personal money if funds are low.

Few months later social worker did carer assessment of my whole family and found that we need extra few hours to manage my mother's caring responsibilities.

Social worker clarified that direct payments are not benefits as this is usually paid to carers through payroll and carer services have nothing to do with immigration.

We refused to apply carer allowance as suggested by social worker because we have no recourse to public funds.

Council also gave me 20% discount on council tax ( as disable person living with us) but few months later i requested to cancel the discount and paying full council tax since then.

We are not claiming any benefits.

Can anyone clarify me that care assessment and managing carer of my disable mother are not benefits that would effect ILR.

Please also clarify about council tax discount scheme due to disable individual ?

Many thanks

As your wife is a carer she would be exempt for council tax liabilities juat as your mother would be as she is disabled , just the same as a full time student would be. You would then be a single occupant of the premises thus in them resulting in a singles person discount.
My understanding is, that is not a public fund.

In regards to your mother receiving funds direct payments, from the research that I have done, it would seem it is not classed as a public fund overall nor does it appear in the public funds for the purposes of immigration guidance.

Again if your social worker has set this up, they will have taken account of your mother's nationality and would have been aware she would not been able to claim public funds normally as it is routine for them to do this before they do an assessment. Under the circumstances of your mother, this may have been appropriate for her and in my opinion does seem to be exceptional.

Again, I would go to the social worker and ask them to clarify the payment that is recieved by you or the council is not a public fund in writing and keep it for your record.

You will have to be persistent in that as they can take time to get one to you from experience.

Just to clarify the difference of what you recieve for your mother and as I'm in the same situation.

My mother recieves:
DLA
ESA
Social care support contributions from local council

The last one, basically covers her accommodation and care needs and the local council (Glasgow Cc) will pay a contribution towards her accommodation and care costs.

[grenland7862]

Hi CMOSUK ,

Thanks for your advice, i sent you PM if you kindly respond me.

We haven't applied any benefits for our mother as her case is still pending in HO.

I also did detailed research and i don't think so direct payments for carers are fall under benefits.


Unfortunately Home Office refused my mother's application for discretionary leave, HO said that there are lot of Charities in our home country and they can take care of her and that she could continue to contact us, family in UK (all sons) via social networking apps. My mother is 76 years old and had severe disabilities after 3 strokes and lot of other health complications.She spent most time in bed or wheel chair, she not able to walk or stand and require two carers most of the time.We submit appeal in upper tribunal.

Dear Members,

I forwarded ILR application few weeks ago along my dependents under Tier 1 Entrepreneur,i would be grateful if anyone can clarify these queries:-

My mother came to see me and my brothers in 2015( all family members settled in UK, she regularly used to visit UK for past 20 years) , unfortunately 15 days before her departure date she suffered two severe ischemic strokes resulted severe physical and neurological disabilities.She discharged from hospital after 6 months and decided to stay with me ( because she is emotionally very close with me) ,we then applied to change her visitor visa to exceptional leave and still waiting for the decision.
One year later she suffered 3rd stroke that made her disabilities worse and loss of limited eye vision.

I & my wife have been struggling to take care her as we also need to manage our business and children.

Local council initially used to sent carers for my mother but due to language barrier my mother was not getting the proper help then council offered me Direct Payments and advised us to arrange carers from our local community and make payments from direct payment funds through payroll.my mother's social worker also advised my wife resign current job and become carer of my mother.
I hired 3 carers (inducing my wife) and mostly paid from direct payments funds and some time contributed personal money if funds are low.

Few months later social worker did carer assessment of my whole family and found that we need extra few hours to manage my mother's caring responsibilities.

Social worker clarified that direct payments are not benefits as this is usually paid to carers through payroll and carer services have nothing to do with immigration.

We refused to apply carer allowance as suggested by social worker because we have no recourse to public funds.

Council also gave me 20% discount on council tax ( as disable person living with us) but few months later i requested to cancel the discount and paying full council tax since then.

We are not claiming any benefits.

Can anyone clarify me that care assessment and managing carer of my disable mother are not benefits that would effect ILR.

Please also clarify about council tax discount scheme due to disable individual ?

Many thanks

As your wife is a carer she would be exempt for council tax liabilities juat as your mother would be as she is disabled , just the same as a full time student would be. You would then be a single occupant of the premises thus in them resulting in a singles person discount.
My understanding is, that is not a public fund.

In regards to your mother receiving funds direct payments, from the research that I have done, it would seem it is not classed as a public fund overall nor does it appear in the public funds for the purposes of immigration guidance.

Again if your social worker has set this up, they will have taken account of your mother's nationality and would have been aware she would not been able to claim public funds normally as it is routine for them to do this before they do an assessment. Under the circumstances of your mother, this may have been appropriate for her and in my opinion does seem to be exceptional.

Again, I would go to the social worker and ask them to clarify the payment that is recieved by you or the council is not a public fund in writing and keep it for your record.

You will have to be persistent in that as they can take time to get one to you from experience.

Just to clarify the difference of what you recieve for your mother and as I'm in the same situation.

My mother recieves:
DLA
ESA
Social care support contributions from local council

The last one, basically covers her accommodation and care needs and the local council (Glasgow Cc) will pay a contribution towards her accommodation and care costs.

[CR001]

Hi CMOSUK ,

Thanks for your advice, i sent you PM if you kindly respond me

Members are reminded to post in public and NOT send unsolicited PMs as this could result in the permanent withdrawal of the privilege of the PM function.

[CMOSUK]

Hi CMOSUK ,

Thanks for your advice, i sent you PM if you kindly respond me.

We haven't applied any benefits for our mother as her case is still pending in HO.

I also did detailed research and i don't think so direct payments for carers are fall under benefits.


Unfortunately Home Office refused my mother's application for discretionary leave, HO said that there are lot of Charities in our home country and they can take care of her and that she could continue to contact us, family in UK (all sons) via social networking apps. My mother is 76 years old and had severe disabilities after 3 strokes and lot of other health complications.She spent most time in bed or wheel chair, she not able to walk or stand and require two carers most of the time.We submit appeal in upper tribunal.

Dear Members,

I forwarded ILR application few weeks ago along my dependents under Tier 1 Entrepreneur,i would be grateful if anyone can clarify these queries:-

My mother came to see me and my brothers in 2015( all family members settled in UK, she regularly used to visit UK for past 20 years) , unfortunately 15 days before her departure date she suffered two severe ischemic strokes resulted severe physical and neurological disabilities.She discharged from hospital after 6 months and decided to stay with me ( because she is emotionally very close with me) ,we then applied to change her visitor visa to exceptional leave and still waiting for the decision.
One year later she suffered 3rd stroke that made her disabilities worse and loss of limited eye vision.

I & my wife have been struggling to take care her as we also need to manage our business and children.

Local council initially used to sent carers for my mother but due to language barrier my mother was not getting the proper help then council offered me Direct Payments and advised us to arrange carers from our local community and make payments from direct payment funds through payroll.my mother's social worker also advised my wife resign current job and become carer of my mother.
I hired 3 carers (inducing my wife) and mostly paid from direct payments funds and some time contributed personal money if funds are low.

Few months later social worker did carer assessment of my whole family and found that we need extra few hours to manage my mother's caring responsibilities.

Social worker clarified that direct payments are not benefits as this is usually paid to carers through payroll and carer services have nothing to do with immigration.

We refused to apply carer allowance as suggested by social worker because we have no recourse to public funds.

Council also gave me 20% discount on council tax ( as disable person living with us) but few months later i requested to cancel the discount and paying full council tax since then.

We are not claiming any benefits.

Can anyone clarify me that care assessment and managing carer of my disable mother are not benefits that would effect ILR.

Please also clarify about council tax discount scheme due to disable individual ?

Many thanks

As your wife is a carer she would be exempt for council tax liabilities juat as your mother would be as she is disabled , just the same as a full time student would be. You would then be a single occupant of the premises thus in them resulting in a singles person discount.
My understanding is, that is not a public fund.

In regards to your mother receiving funds direct payments, from the research that I have done, it would seem it is not classed as a public fund overall nor does it appear in the public funds for the purposes of immigration guidance.

Again if your social worker has set this up, they will have taken account of your mother's nationality and would have been aware she would not been able to claim public funds normally as it is routine for them to do this before they do an assessment. Under the circumstances of your mother, this may have been appropriate for her and in my opinion does seem to be exceptional.

Again, I would go to the social worker and ask them to clarify the payment that is recieved by you or the council is not a public fund in writing and keep it for your record.

You will have to be persistent in that as they can take time to get one to you from experience.

Just to clarify the difference of what you recieve for your mother and as I'm in the same situation.

My mother recieves:
DLA
ESA
Social care support contributions from local council

The last one, basically covers her accommodation and care needs and the local council (Glasgow Cc) will pay a contribution towards her accommodation and care costs.

Hi,

I don't know if you recieved my response to your PM but I would rather put it here for other members to see.

Please note this is my understanding and interpretation of it. I won't post your question here but rather my response to it.

I wouldn't be able to advise on that, but my advice to you is, you must go to the social worker as advised before and get all this in writing, the reason why is, HO will have to further investigate this matter and if any mistake is found, it would be the social work department that would be liable IF what is being claimed is a public fund, they would not be able to refuse as:

1. Written proof from the social Work Confiming this isn't a public fund.

2. They would have had to do background checks and further checks in order for the direct payments to be even accepted, checks as in, whether one is resident or not and nationality.

You should also mention to them to write down your mother's condition and how much support she needs on her day to day routine, maybe include that sending her back home isn't an option as she her condition could further deteriorate.

Second point would be in my opinion, where public funds are concerned for the purposes of immigration, I did not see anything in the guidance in regards to direct payments unless they come under discretionary payments, which I think they don't.

For example, student finance is a public fund, you would think someone under immigration control would be breaching this condition but on the contrary, as it it not mentioned for the purpose of immigration in the public fund guidance, they could not refuse an application based on that. However being eligible for it is dependent on their criteria and not so much due to immigration control Imposed on someone.

I hope this helps sonewhat.

[grenland7862]

Dear CMOSUK,

I really appreciate for your help, i have found important link from one of government's organization that give detail information about categories that are not considered recourse to public funds for those individuals who are under immigration control, here is the link

http://www.nrpfnetwork.org.uk/informati ... vices.aspx

When can housing and financial support be provided?

1. Families, where there is a child in need (for example, because the child is homeless or the parent cannot afford to meet the family's basic living needs)
2. Young people who were formerly looked after by a local authority, for example, because they were an unaccompanied asylum seeking child (UASC), or other separated migrant child
3. Adults requiring care and support due to a disability, illness or mental health condition

My mother fall under last category (adults requiring care and support due to a disability, illness or mental health condition)

Hi CMOSUK ,

Thanks for your advice, i sent you PM if you kindly respond me.

We haven't applied any benefits for our mother as her case is still pending in HO.

I also did detailed research and i don't think so direct payments for carers are fall under benefits.


Unfortunately Home Office refused my mother's application for discretionary leave, HO said that there are lot of Charities in our home country and they can take care of her and that she could continue to contact us, family in UK (all sons) via social networking apps. My mother is 76 years old and had severe disabilities after 3 strokes and lot of other health complications.She spent most time in bed or wheel chair, she not able to walk or stand and require two carers most of the time.We submit appeal in upper tribunal.

Dear Members,

I forwarded ILR application few weeks ago along my dependents under Tier 1 Entrepreneur,i would be grateful if anyone can clarify these queries:-

My mother came to see me and my brothers in 2015( all family members settled in UK, she regularly used to visit UK for past 20 years) , unfortunately 15 days before her departure date she suffered two severe ischemic strokes resulted severe physical and neurological disabilities.She discharged from hospital after 6 months and decided to stay with me ( because she is emotionally very close with me) ,we then applied to change her visitor visa to exceptional leave and still waiting for the decision.
One year later she suffered 3rd stroke that made her disabilities worse and loss of limited eye vision.

I & my wife have been struggling to take care her as we also need to manage our business and children.

Local council initially used to sent carers for my mother but due to language barrier my mother was not getting the proper help then council offered me Direct Payments and advised us to arrange carers from our local community and make payments from direct payment funds through payroll.my mother's social worker also advised my wife resign current job and become carer of my mother.
I hired 3 carers (inducing my wife) and mostly paid from direct payments funds and some time contributed personal money if funds are low.

Few months later social worker did carer assessment of my whole family and found that we need extra few hours to manage my mother's caring responsibilities.

Social worker clarified that direct payments are not benefits as this is usually paid to carers through payroll and carer services have nothing to do with immigration.

We refused to apply carer allowance as suggested by social worker because we have no recourse to public funds.

Council also gave me 20% discount on council tax ( as disable person living with us) but few months later i requested to cancel the discount and paying full council tax since then.

We are not claiming any benefits.

Can anyone clarify me that care assessment and managing carer of my disable mother are not benefits that would effect ILR.

Please also clarify about council tax discount scheme due to disable individual ?

Many thanks

As your wife is a carer she would be exempt for council tax liabilities juat as your mother would be as she is disabled , just the same as a full time student would be. You would then be a single occupant of the premises thus in them resulting in a singles person discount.
My understanding is, that is not a public fund.

In regards to your mother receiving funds direct payments, from the research that I have done, it would seem it is not classed as a public fund overall nor does it appear in the public funds for the purposes of immigration guidance.

Again if your social worker has set this up, they will have taken account of your mother's nationality and would have been aware she would not been able to claim public funds normally as it is routine for them to do this before they do an assessment. Under the circumstances of your mother, this may have been appropriate for her and in my opinion does seem to be exceptional.

Again, I would go to the social worker and ask them to clarify the payment that is recieved by you or the council is not a public fund in writing and keep it for your record.

You will have to be persistent in that as they can take time to get one to you from experience.

Just to clarify the difference of what you recieve for your mother and as I'm in the same situation.

My mother recieves:
DLA
ESA
Social care support contributions from local council

The last one, basically covers her accommodation and care needs and the local council (Glasgow Cc) will pay a contribution towards her accommodation and care costs.

Hi,

I don't know if you recieved my response to your PM but I would rather put it here for other members to see.

Please note this is my understanding and interpretation of it. I won't post your question here but rather my response to it.

I wouldn't be able to advise on that, but my advice to you is, you must go to the social worker as advised before and get all this in writing, the reason why is, HO will have to further investigate this matter and if any mistake is found, it would be the social work department that would be liable IF what is being claimed is a public fund, they would not be able to refuse as:

1. Written proof from the social Work Confiming this isn't a public fund.

2. They would have had to do background checks and further checks in order for the direct payments to be even accepted, checks as in, whether one is resident or not and nationality.

You should also mention to them to write down your mother's condition and how much support she needs on her day to day routine, maybe include that sending her back home isn't an option as she her condition could further deteriorate.

Second point would be in my opinion, where public funds are concerned for the purposes of immigration, I did not see anything in the guidance in regards to direct payments unless they come under discretionary payments, which I think they don't.

For example, student finance is a public fund, you would think someone under immigration control would be breaching this condition but on the contrary, as it it not mentioned for the purpose of immigration in the public fund guidance, they could not refuse an application based on that. However being eligible for it is dependent on their criteria and not so much due to immigration control Imposed on someone.

I hope this helps sonewhat.