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I hope you didn't claim Tax Credits in your name only! It is a requirement, in respect of a couple living together, that any Tax Credits claim must be in joint names.I had no option but to claim benifits JSA, housing benifit and child tax credit.
I claimed these in my name only
That is actually quite a technical question, and you might be unhappy or nervous about the answer that follows!It asks who is claiming the benifits........do i tick all in my name?
or do i tick child tax credit in both names?
And the relevant regulations are the Tax Credits (Immigration) Regulations 2003, and those were indeed made under section 42 of the Tax Credits Act 2002.6B. A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits 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.
I would like to say although I do love Johns answer to my question .Section 7 - Public funds wrote:5.1.3 Partner is allowed to claim tax credits
Claims for child and working tax credits must be made jointly in the case of a couple. If only one member of a couple is subject to immigration, then for tax credits purposes neither are treated as being subject to immigration control. (This is unlike other benefits such as child benefit, which are assessed and paid individually).
Does this apply for child benefits too? Or would we need to tick the "your partner" box for the CB column? Does this affect the ILR application that the partner applies for child benefit (since I heard the partner is eligible for CB if the partner is british)?John wrote:And the relevant regulations are the Tax Credits (Immigration) Regulations 2003, and those were indeed made under section 42 of the Tax Credits Act 2002.
So I conclude that, for you and your wife, Tax Credits are not Public Funds, and therefore neither column should be ticked.
Not quite. Let's just quote rule 6B of the Immigration Rules :-Does this apply for child benefits too?
For Child Benefit the legislation is section 115 of the Immigration and Asylum Act 1999, and the regulation is regulation 2, The Social security (Immigration and Asylum) Consequential Amendments Regulations 2000.6B. A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits 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 to finalize this I can apply for child benefit since I'm British (my wife is on a time-restricted visa) and we won't need to tick any box on the ILR form? And it won't affect her ILR application? Sorry just making sure I understandBut exactly the same conclusion is reached, as for Tax Credits previously mentioned.
iam in similar case like you,i got help from john,was very helpfull,now i am filling the housing benefit form,can i put my wife name too or i just apply as single,wouldnt be any trouble to do so,the fact that i hv partner living with me??thumpers wrote:I claimed in my name .although the council insisted we put my wifes national insurance number on the form.
but I am sure there is no problem with that as I am uk citezen and entitled to claim for me and our daughter
I dont understand this part in bold. When a person applies for HB - how does he know whether they assessor is giving more benefit because his wife is living with him, or whether he is getting only the rate for himself? Will the housin benefit office check to see/know that the wife is not eligible for public funds??In respect of JSA it is even more complicated, given that there are two types of JSA ... contribution-based and income-based. Which did you claim? If it was income-based, and the following also applies to Housing Benefit and Council Tax Benefit, Rule 6A says you cannot claim more benefit because your wife is living with you, and you confirm that to be the case.
This is total rubbish, and with your permission, and without naming you (if only because I don't know your name!), I shall email the Liverpool PEO tomorrow, and point out quite a bit more staff training appears to be needed, in the form checker area!umchugga wrote:Just went to try and get my Russian wife and step son their ILR, however we were told that as they have "No recourse to Public Funds" stamped on both their visas, and I have claimed child benefit and child tax credit they will not get their ILR.
You should draw your wife's visa status to the attention of the benefit office, if that is not clear from the application form.not sure wrote:I dont understand this part in bold. When a person applies for HB - how does he know whether they assessor is giving more benefit because his wife is living with him, or whether he is getting only the rate for himself? Will the housin benefit office check to see/know that the wife is not eligible for public funds??