Access to public funds given

[hussain1988]

Hi

I would like to know my wife was given access to public funds back in 2020 during the pandemic when I applied for her 3rd FLR FP extension 10 year route to ILR. habitual residence test was done to determine if she was allowed to claim Benefits. I didnt apply to remove the no public funds removed they just gave access to public funds

Now im due to apply for her last extention in April they said they will review her benefits entitlement in April when they did habitual residence test the letter they gave if shes allowed benefits.

Now i want to know is she still entitled to Benefits until shes waiting to hear back for her visa

It doesn't bother me if shes not allowed benefits I just follow what home office give her.

[Amber]

You need to look on the reverse (back) of her BRP under “remarks” to see what’s written. If it’s blank then she has recourse to public funds.

[hussain1988]

She has nothing written on the back on her brp card under remarks we both are on universal credit I wanted to know they will review her entitlement in april I apply for my partners last visa extension will she continue to get benefits until she gets her visa as i know current visa conditions remain until she gets her last visa extension which might not give her access to public funds which doesn't bother me at all.

If current visa conditions remain the sam until her next visa would that mean if shes on benefits that would be benefits might pay her on her new visa condition without them knowing shes not entitled to it cause they would not know when her visa will be given.

[Amber]

Generally to get recourse to public funds you have to show destitution/hardship or that it would be likely if not given access to public funds. There has to also be an element of vulnerability/exceptional circumstances eg having dep children/health issues. It would also be expected that you’d apply for a few waiver for the extension application given the inherent risk of destitution/hardship. Factors about employability are also relevant.

[JB007]

I think he is asking whether his wife continues to get welfare benefits under 3C, while she waits to get her next visa (even if that next visa states she is now NRPF).

Now im due to apply for her last extention in April they said they will review her benefits entitlement in April when they did habitual residence test the letter they gave if shes allowed benefits.

Now i want to know is she still entitled to Benefits until shes waiting to hear back for her visa

... I wanted to know they will review her entitlement in april I apply for my partners last visa extension will she continue to get benefits until she gets her visa as i know current visa conditions remain until she gets her last visa extension ...

[JB007]

If current visa conditions remain the sam until her next visa would that mean if shes on benefits that would be benefits might pay her on her new visa condition without them knowing shes not entitled to it cause they would not know when her visa will be given.

If she is no longer entitled to have public funds, she will have to ensure that she tells all the relevant benefits agencies this. The office of every benefit she claims must be told

As you mentionted Universal Credit: she will tell them via your joint Universal Credit online journal and that will be her record that she told them. It would be up to both of you to ensure that any extra benefit money for her was not paid/taken.

Your UC claim would remain a joint claim as your partner's name must be linked to your claim. It is benefit fraud for a claimant to claim as a single when they are not.

If she can't have public funds, read all the warnings, in all the posts, in this sticky.
claiming-benefits/universal-credit-clai ... 02126.html

[hussain1988]

Will she continue to get benefits until her new visa is approved if new visa say nrpf thats fine its doesnt bother me will UC know shes doesnt have access nrpf or we have to tell them and return the money they paid when her new visa started.

[JB007]

Will she continue to get benefits until her new visa is approved if new visa say nrpf thats fine its doesnt bother me

Don't know. Wait for somebody who does.

will UC know shes doesnt have access nrpf or we have to tell them and return the money they paid when her new visa started.

If current visa conditions remain the sam until her next visa would that mean if shes on benefits that would be benefits might pay her on her new visa condition without them knowing shes not entitled to it cause they would not know when her visa will be given.

If she is no longer entitled to have public funds, she will have to ensure that she tells all the relevant benefits agencies this. The office of every benefit she claims must be told

As you mentionted Universal Credit: she will tell them via your joint Universal Credit online journal and that will be her record that she told them. It would be up to both of you to ensure that any extra benefit money for her was not paid/taken.

Your UC claim would remain a joint claim as your partner's name must be linked to your claim. It is benefit fraud for a claimant to claim as a single when they are not.

If she can't have public funds, read all the warnings, in all the posts, in this sticky.
claiming-benefits/universal-credit-clai ... 02126.html