claiming benefits

[blove]

Pls help me. I have went through many discussion on claiming benefits. But I need some clarification pls. I am a British citizen by birth and am married to my husband from Nigeria we live together. He is on a two year spouse visa. I used to work as a care before I went on maternity leave. We have one baby at the moment but I got pregnant while on maternity leave i did all possible to get back to work but I change branch office closer to my home so I will be able to cope with my 7 months baby and the pregnancy. But for the past 1 month the new branch has not been able to offer me with good working hours per week and I couldn't do anything about it because my contract hour is 0hr contract. Pls help me has things are becoming financially difficult with my family as my husband is the only one working with a salary of just 1000 pounds a month after tax. Our rent is 700 pounds. My maternity pay has ended and I believe my family will not be able to meet up with our monthly bills because we need to pay council tax, water,energy, and British gas. And as well feed and transport himself to work. Pls are there any benefits I can be entitle to claim as a British citizen an will not affect my husband ILR when he is to apply next year April 2011. As I am not sure of any working hour now. Please any advice will be highly appreciated. Thanks

[Wanderer]

You can and should claim whatever benefits are available to you, just remember to declare your husband and his income for things like Housing benefit and Tax credits.

Look here for wht you may be entitled to;

http://entitledto.org

[blove]

Thanks for ur fast response, pls claiming this working tax credit as joint when my husband is the only one working. Do you think it will not affect his ILR Application. As I am not sure of any employment before he his due to apply foe the ILR. Because I will be due to put to bed by October this year and might not have a job before his application. Pls is our income not be part of decision for his ILR? And if I am on benefits at that time will it not affect his application? Thanx

[blove]

Can anybody help pls has I need to make urgent decision pls.thanks

[John]

Can anybody help pls has I need to make urgent decision pls.thanks

At 3.04.am, absolutely not! People are allowed to sleep!

Before starting your topic in this Claiming Benefits section, did you read the first pinned topic in this section? After all it is subtitled "Read this b4 starting new topic."

If you did read it, why are you asking questions that are clearly answered there? In particular for the technical reasons set out there, there is no problem for you and your husband making a Joint Claim for Tax Credits.

[blove]

Thanks God bless. I went through the first topic but I I as well claim any other benefits other than tax credit and it will not affect my husband ILR? I mean as a single claim. Thanks john God bless you for all your kinds advise.

[John]

Given that you are British, there is no problem you claiming Child Benefit, Housing Benefit and Council Tax Benefit, and you and your husband jointly claiming Tax Credits.

Neither is there any problem with you claiming HiPG.

[blove]

Thanks John God bless you. You've been very helpful

[frennyscott]

Oh ya john was telling true, blove.I am supporting him.You are british so there is no problem with your claims.

[blove]

Thanks frennyscott. God bless

[jomaho10]

hello,

I am a wee bit confused with what I am reading about claiming benefits.

I am UK citizen and my husband is here on a 2 year spouse visa from South Africa.

We were told by an immigration advisor that we are not allowed to claim any benefits, including working tax credits as this could affect future applications?

I had actually already had applied by accident and had to withdraw the whole application after finding this out and I was terrified it would affect him living here in future...

Please can someone clarify?

Justine.

[CR001]

Tax credits must be claimed in joint names with your spouse (if you qualify).

If you claim child benefits, it must only be claimed in your name as the British Citizen

These will have no effect on future ILR application.

[jomaho10]

Hello,

I have found this information online from hmrc regarding a non uk spouse being able to claim tax credits:


What is 'immigration control'?
You are subject to 'immigration control' if any of the following apply:

the Home Office gives you permission to stay in the UK (known as ‘leave to enter or remain’) - but this permission is given to you on the grounds that you don't claim certain benefits, tax credits or housing help paid by the UK government (known as ‘no recourse to public funds’)


You're subject to immigration control - when can you get tax credits?
You have a partner
You can get tax credits if you have a partner in the UK who:

isn't subject to immigration control
is subject to immigration control, but whose circumstances are covered by any of the sections below
You will still need to meet the normal qualifying rules, such as the hours worked and your income.

My husband was given a visa on the basis that he doesnt have any recourse to public funds.

The immigration advisor advised us to steer clear of applying for tax credits.

I withdrew the claim and had one done in my name only as a special case.

Can I now go back and ask that this money be refunded now that we have found out he was in fact eligible to apply?

Justine.

[John]

jomaho10, if I were you I would be threatening to take legal proceedings against the immigration advisor who gave you that erroneous advice.

They will have professional indemnity insurance, so will be able to pay any claim.

I have lost count of the times on this board, or similar, that we hear of wrong advice being given as regards the interaction between immigration law and benefit law.

[jomaho10]

I am really concerned about this, also sad that I was given incorrect information as I am relying on this particular immigration advisor to help with next visa.

I have another question which I am worried about also but not getting a reply on.I am a UK citizen and my husband is here on a spouse visa, he is from South Africa.

His extension is due in 2 years.

I have been offered a place to go back to university to study nursing.

I need to know if the bursary will be counted towards the financial requirement?

It is a garanteed monthly bursary that I do not need to repay.

Please can anyone give me a wee bit of advice re this?

The same immigration advisor has already advised this would be fine but just want some second opinions....

Thanks

[Amber]

Yes I will reiterate what John has already stated, there are so many immigration advisors who do not have a clue when it comes to social security benefits and the public funds rule. Moreover, when dealing with complex (not your case) cases you require an advisor who is fluent in both immigration law and welfare rights law, of which is difficult to find.