Another WTC question

mooo · Post by **mooo** » Wed Apr 15, 2009 11:50 pm

Im british and my wife is bangladeshi we been claiming WTC joinly for about 6 months now. I am not claiming any other benefits. I know this won't be a problem applying for IRL. I've noticed on the SET M form there is a box to tick to say if we are claiming WTC. Should I tick that box or leave it blank and say we are not on public funds?
Does it make a difference either way?

Post by **John** » Thu Apr 16, 2009 10:53 pm

It is not another question at all. Please read the pinned topic in this section of the board.

mooo · Post by **mooo** » Mon May 04, 2009 10:52 am

thanks for the reply

Still a little confused. Is WTC classed as a public fund? Reading that posting suggests it isnt.

Therefore I can tick to say no I am not recieving public funds (question 7.6) and dont tick neither box to say I am getting WTC.

Is this correct? Sorry to be a pian but I want everything to be correct. I dont want to folk about another 820 quid because I didnt tick the correct boxes

Post by **John** » Mon May 04, 2009 11:03 am

For you WTC is not Public Funds! Para 6B of the Immigration Rules is in play .... in your circumstances .... and that reads :-

..... a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

So .... "shall not be regarded as having recourse to public funds" = you can tick the "no" box, and as you only tick the following boxes if the "yes" box has been ticked, leave the WTC box blank.

mooo · Post by **mooo** » Mon May 04, 2009 11:22 am

thanks John

I been reading further into the post. It doesnt help when they list as a public fund on the form. I think thats where the confusion lies. But reading further it depends on the circumstances of how the benefit is being claimed.

Post by **John** » Mon May 04, 2009 11:32 am

As it makes clear in the pinned topic the definition of Public Funds is a bit flexible, in accordance with paras 6A, 6B and 6C of the Immigration Rules.

But I am not going to repeat all the technical arguments here. They are set out in the pinned topic.

mooo · Post by **mooo** » Mon May 04, 2009 11:37 am

thanks

I been reading the pinned article especially the legal lingo (serveral times) What doesn help the legal stuff on the acts of parliament . But your explaination clears it up.

I thought they are planning it easlier for people to read.

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Another WTC question

Another WTC question