PUBLIC FUNDS AND ILR??

[BUGABUGA2005]

Hiya, I just want to enquire if claiming public funds under my husbands name can affect my application for ILR since they might think that I am a burden to the state and we cannot support ourselves financially and will result to denial of the application?

Please enlighten me.

Thanks,

Camille

[John]

Camille claim for what benefit? Can you give more details?

[BUGABUGA2005]

My husband is currently claiming for the following benefits:

Working Tax Credit
Child Benefit
Child Tax Credit for our first and only daughter.

I hope this explain further our situation.

Many thanks in advance,

Camille

[bash_h]

I dont think Child Tax credits/Child benefit matter as they are given to nearly everyone employed with children. Same with working tax credit (in fact, everyone earning up to about 50,000 p.a. gets something if they apply for WTC!)

So I dont think its a problem, if your husband applies for it (assuming he is a BC)

[John]

Camilla, I am presuming your husband is a British Citizen or has ILR? If not, ignore what follows :-

Child Benefit! Child Tax Credit! Working Tax Credit! This is actually a bit complicated!

Let's deal with this one benefit at a time! Firstly Child Benefit. That is always only ever claimed by one person ... never jointly. Ordinarily in most relationships it is probably the mother that claims but there is nothing in the legislation to say that should be the case.

Your current visa has a "No recourse to Public Funds" restriction and accordingly you must not be the Child Benefit claimant. But your husband can!

Secondly, Child Tax Credit! Also Working Tax Credit! Where a couple are living together any claim for Child Tax Credit needs to be made jointly. It would be wrong if such a claim was submitted by only one of the couple living together.

So at first glance ... a problem ... the condition on your visa! However one particular piece of "small print" in the Tax Credits legislation comes to the rescue. Regulation 3(2) of The Tax Credits (Immigration) Regulations 2003 effectively says that if one of the couple is a person not subject to immigration control (your husband), and the other one is subject to immigration control (you), then for Tax Credits purposes only both of you are treated as not being subject to immigration control. Accordingly there is no problem you and your husband jointly submitting a claim for Tax Credits. So submit it soon!

When those regulations were first tabled I got my MP to ask a Parliamentary Written Question ..... the last question and answer on this webpage ..... and you will see that the Immigration Minister at the time confirmed that :-

receipt of tax credits by a couple, including one member who is a person subject to immigration control, will not be regarded as a breach of any condition of leave to enter or remain

Hope this helps!

[Jimb01]

Hi

Am I correct in thinking that extra state pension for a dependant adult is not classified as public funds?
Regards

Jim

[John]

The current definition is :-

"public funds" means

(a) housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985, Part I or II of the Housing (Scotland) Act 1987, Part II of the Housing (Northern Ireland) Order 1981 or Part II of the Housing (Northern Ireland) Order 1988;

(b) attendance allowance, severe disablement allowance, carer's allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992;, income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker's allowance under the Jobseekers Act 1995, state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002.

(c) attendance allowance, severe disablement allowance, carer's allowance and disability living allowance under Part III of the Social Security Contribution and Benefits (Northern Ireland) Act 1992;, income support, council tax benefit, housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; or income based jobseeker's allowance under the Jobseekers (Northern Ireland) Order 1995.

So Jimb01 State Retirement Pension is not within that definition. Basically any benefit the amount of which varies dependent upon the amount of NI contributions paid is OK.

[BG101]

If you are claiming tax relief it does not bode well with your application, whether they state this or not, as it is seen as financial dependency. It is not a rule, but it certainly doesn't go in your favour.

If you are claiming BENEFIT, this is very bad news I'm afraid. This IS a Public Fund, and whether you like it or not, IT WILL GO AGAINST YOUR APPLICATION

Solution = Do Not Claim ANY benefits before making your application and, thereafter, if there is no alternative, ONLY do so following written legal advice


BG

[John]

If you are claiming BENEFIT, this is very bad news I'm afraid. This IS a Public Fund, and whether you like it or not, IT WILL GO AGAINST YOUR APPLICATION

Totally wrong! The point is, for the reasons as explained in detail, for this particular couple, they are not claiming any Public Funds.

No one should be confused by this. The definition of Public Funds is quite particular and detailed. It is certainly not a full list of possible benefits claimable from the UK Government.