Residence Card and claiming benefits

jundoc · Post by **jundoc** » Thu Oct 16, 2008 2:53 pm

Hi everyone,

I am just wondering if somebody could help me shed some light on my current situation.

I am a non-EEA family member who holds Residence Card. I have been working in the UK for 3 months now. My wife (EEA national - Spanish) has not worked in this country, but exercise her Treaty rights as self-sufficient. As we are expecting a baby soon I was just wondering if we can claim for CTC and WTC based on my work (as a tax-payer) or based on my wife name and nationality.

Your advice is much appreciated.

Post by **John** » Thu Oct 16, 2008 3:21 pm

Go to this HMRC webpage. Under the heading of "Subject to immigration control", you will see that those not subject to immigration control include "a national of another country in the EEA or of Switzerland".

Then look under Tax Credits, where you will see confirmation that "Members of a couple in which one partner is subject to immigration control while the other is not may still make a joint tax credit claim (regulation 3 (2))". So you and your wife jointly can claim Tax Credits.

As regards Child Benefit, and obviously this only applies from when the baby is born, either you or your wife can be the claimant for CB.

You say that you are working in the UK, which is of course totally OK. Have you already been allocated a NI number? And what about your wife, has she got a UK NI number?

I ask about the NI numbers because the CB application form, and the Tax Credits application form, ask for those details. If not yet allocated simply write "Not yet allocated" in the form. This will provoke the procedure to get an NI number allocated. This might cause a delay in money starting to flow, but you will not end up losing any loney.

brownbonno · Post by **brownbonno** » Fri Oct 17, 2008 6:42 am

John,
Will family with similar immigration status to OP be eligible for HB(LHA)/CTB ?
Thanks.

Post by **John** » Fri Oct 17, 2008 9:24 am

brownbonno, let's just remind ourselves about the "similar immigration status", that is, one of the couple is an EEA citizen, and the other is here in the UK as their "family member".

OK, you ask about HB and CTB .... Housing Benefit and Council Tax Benefit. The answer is .... these benefits are claimed by just one person, although that person does need to disclose not only their income but also that of their spouse/partner. Absolutely no problem the EEA Citizen claiming HB and/or CTB, but they cannot claim more such benefit because their spouse/partner is living there with them.

The relevant question to ask is .... are there any children in the household? If there are it is impossible for more such benefit to be paid, because the spouse/partner is living there. The reason is that the "income disregard" for a "single parent with child" is the same as for "couple with child", meaning it is impossible for more benefit HB or CTB to be paid, because the spouse/partner is living there. Indeed, less HB and CTB might be paid, if the spouse/partner is earning.

Technically, both HB and CTB are covered by para 6A of the Immigration Rules, meaning that no increase in benefit is possible, as expalined above.

jundoc · Post by **jundoc** » Fri Oct 17, 2008 12:54 pm

Many thanx for your input, John

Well I was allocated an NI number when I commenced my employment; however my wife hasn't got it yet.

As far as I am concerned my wife is not going to apply for a NI number because we think that may affect my Spanish citizenship status. That's to say I hold a 5-year Spanish residence and have been registered with the Spanish authorities (within the city council where I lived for 4 months before relocating to England). According to Spanish laws I will be able to apply for Spanish citizenship after 1 year of residence. So we think to keep flying in and out to Spain till I complete the 1-year timescale before applying for the citizenship (I am usually not asked to show my passport at madrid airport, just they have a look at my residence card to let me in). I don't know if that may work; but I can give a try.

Here another question may arise: Which could give a push to my future application, if my wife gives the baby here or in Spain?

I don't know if someone else has experienced the same scenario, I mean attempted to apply for some EU citizenship while being lived in another EU state?

cheers.

brownbonno · Post by **brownbonno** » Fri Oct 17, 2008 1:24 pm

Thanks John.

Post by **John** » Fri Oct 17, 2008 1:59 pm

As far as I am concerned my wife is not going to apply for a NI number because we think that may affect my Spanish citizenship status.

Sorry? Please explain that to me slowly! Why would your wife applying for a UK NI number make any difference to you getting Spanish Citizenship? At this moment in time I am totally failing to see how there could possibly be any connection between the two.

jundoc · Post by **jundoc** » Fri Oct 17, 2008 4:12 pm

Sorry maybe I am not making myself clear here ..

Well.. To be allocated a NI my wife should be either working or looking for work (right?); however she is neither. Additionally She hasn't got the Spanish NI (seguridad social), and we think she doesn't need a UK NI too. In other words, we don't want the goverment here recognise her as a worker; and just wondering if I can claim for the said benefits as a non-EU tax-payer.

I've been told that if I could convince the spanish authorities that I've been living in Spain for 1 year I can get the citizenship. (this may be affected, I believe, by the fact that my wife is recognised as a UK-based worker or job-seeker during this year !!)

I am really concered if that's gonna to work, and from your in-depth experience, John, do you think it's gonna to be an easy-to-achieve scienario?

Post by **John** » Fri Oct 17, 2008 6:38 pm

To be allocated a NI my wife should be either working or looking for work (right?)

No, not right, given what you have not added is ....... or claiming benefits. Have a look at this DWP webpage ... and in particular read the words under the heading "When and where should I apply for a National Insurance number?".

As regards the possible claim to Spanish Citizenship, sorry I haven't got a clue whether the ploy will work.

kamello · Post by **kamello** » Mon May 04, 2009 6:28 pm

hi, i am glad that i get to know this site,as my confusion is growing on how to do in my current situation:

am italian citizen i hv lived and worked in the uk for 14years now,i hold also permenant residance card,i got married last year to my wife non-Eu
(algerian citizen) my wife applyed for 5 years residance stamp,and we still waiting for reply from home office,in meantime as sef emloyee my income has droped a lot lately and i cant coupe with bills,i was wondering if i claim housing benefit if that will effect my wife application?
by the way my income now arround 70 pounds a week.
thanks alot

Post by **John** » Mon May 04, 2009 10:23 pm

Given that you are exercising EU Treaty Rights as a self-employed person, there is no problem you claiming Housing Benefit. Also Council Tax Benefit.

But possibly of more financial benefit to you is the fact that the two of you, you and your wife jointly, should make a claim for Tax Credits. Assuming your wife is not working, if your income is now just Â£70 pw, you are certainly entitled to Working Tax Credit, and if there are any children in the household, Child Tax Credit as well.

kamello · Post by **kamello** » Tue May 05, 2009 1:26 pm

John wrote:Given that you are exercising EU Treaty Rights as a self-employed person, there is no problem you claiming Housing Benefit. Also Council Tax Benefit.

But possibly of more financial benefit to you is the fact that the two of you, you and your wife jointly, should make a claim for Tax Credits. Assuming your wife is not working, if your income is now just Â£70 pw, you are certainly entitled to Working Tax Credit, and if there are any children in the household, Child Tax Credit as well.

thanks john,you saved my life

kamello · Post by **kamello** » Tue May 05, 2009 8:54 pm

kamello wrote:
John wrote:Given that you are exercising EU Treaty Rights as a self-employed person, there is no problem you claiming Housing Benefit. Also Council Tax Benefit.

But possibly of more financial benefit to you is the fact that the two of you, you and your wife jointly, should make a claim for Tax Credits. Assuming your wife is not working, if your income is now just Â£70 pw, you are certainly entitled to Working Tax Credit, and if there are any children in the household, Child Tax Credit as well.
thanks john,you saved my life

hi john

thanks again,for making things easier for me again.

just want to ask if i should apply for housing benefit on my name only or both name if that its ok?? thanks

Post by **John** » Wed May 06, 2009 2:27 pm

I think it should be in your name only.

kamello · Post by **kamello** » Fri May 15, 2009 10:47 pm

John wrote:I think it should be in your name only.

hi,john and everbody there

i have applied for housing benefit,but i have been asked to provide national insurance number for my wife,i dont know how am i suppose to do that, since my wife passport still at the home office also she is unemployed and she cant work because she is pregnant,any thought please?? thanks

Post by **John** » Sat May 16, 2009 8:43 am

So kamello, are you saying that your wife has not yet been allocated a NI number? Is that the problem, and because she is not currently in possession of her passport she will find it difficult to get a NI number?

Previously lack of NI number would mean a block on Housing Benefit. However the Government recognised this problem and changed the law, as from 06.04.09 ... yes, just last month. Have a look at this Statutory Instrument, and in regulation 9 you will see that a change has been made to the Housing Benefit regulations.

It seems that your local Council is unaware of this change of law. I suggest you reply to them saying something like :-

My wife, (name), came to the UK on (date) and since arrival has not been allocated a National Insurance number. It is admitted that up to 05.04.09 this lack of NI number would cause a problem when making a Housing Benefit claim. However the law changed as from 06.04.09 and you are specifically referred to regulation 9 of The Social Security (National Insurance Number Information: Exemption) Regulations 2009. which reads :-

9. In regulation 4 of the Housing Benefit Regulations 2006(17) (cases in which section 1(1A) of the Administration Act is disapplied), at the end of paragraph (b) addâ€”

â€œ(c) to a person whoâ€”

(i) is a person in respect of whom a claim for housing benefit is made;

(ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

(iii) is a person from abroad for the purposes of these Regulations as defined in regulation 10(2); and

(iv) has not previously been allocated a national insurance number.â€

kamello · Post by **kamello** » Sat May 16, 2009 4:52 pm

[quote="John"]So kamello, are you saying that your wife has not yet been allocated a NI number? Is that the problem, and because she is not currently in possession of her passport she will find it difficult to get a NI number?

Previously lack of NI number would mean a block on Housing Benefit. However the Government recognised this problem and changed the law, as from 06.04.09 ... yes, just last month. Have a look at this Statutory Instrument, and in regulation 9 you will see that a change has been made to the Housing Benefit regulations.

It seems that your local Council is unaware of this change of law. I suggest you reply to them saying something like :-

My wife, (name), came to the UK on (date) and since arrival has not been allocated a National Insurance number. It is admitted that up to 05.04.09 this lack of NI number would cause a problem when making a Housing Benefit claim. However the law changed as from 06.04.09 and you are specifically referred to regulation 9 of The Social Security (National Insurance Number Information: Exemption) Regulations 2009. which reads :-

9. In regulation 4 of the Housing Benefit Regulations 2006(17) (cases in which section 1(1A) of the Administration Act is disapplied), at the end of paragraph (b) addâ€”

â€œ(c) to a person whoâ€”

(i) is a person in respect of whom a claim for housing benefit is made;

(ii) is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

(iii) is a person from abroad for the purposes of these Regulations as defined in regulation 10(2); and

(iv) has not previously been allocated a national insurance number.â€

imraniqbal2010 · Post by **imraniqbal2010** » Tue Aug 16, 2011 12:24 pm

jundoc wrote:Hi everyone,

I am just wondering if somebody could help me shed some light on my current situation.

I am a non-EEA family member who holds Residence Card. I have been working in the UK for 3 months now. My wife (EEA national - Spanish) has not worked in this country, but exercise her Treaty rights as self-sufficient. As we are expecting a baby soon I was just wondering if we can claim for CTC and WTC based on my work (as a tax-payer) or based on my wife name and nationality.

Your advice is much appreciated.

So what happened at the end,
Did you get spanish citizenship after one year.And uk status as well?

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Residence Card and claiming benefits

Residence Card and claiming benefits

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