HIPG Claim - ILR Application

[metalic78]

Hi,

I have a query with regards to my ILR for which I’ll be applying in July 2010.

I and my wife are Pakistani nationals who are living and working in UK for the last 7 years. I am currently on Tier1 (general) visa while my wife is my dependant. In May 2009 my wife gave birth to our baby. During the last days of her pregnancy her midwife while doing her usual maternity paper work advised her to apply for Health in Pregnancy Grant (HIPG). At that time we were on HSMP visa and as per our visa conditions we were and are still not allowed recourse to public funds. However, on the HIPG application form it was mentioned that in certain conditions people with immigration control conditions could still be eligible for the HIPG payment. Therefore, my wife on midwife's advice called the HMRC for clarification and the HMRC adviser suggested her to send the application anyway if they found her ineligible because of her visa restrictions or anything else they would decline the application with no harm done.

Relying upon HMRC’s advice she applied for the HIPG. The application was successful and she was paid £190 in her bank account. After so many months we have now realised after getting more information from different sources that although the claim went successfully but we were still not eligible for this claim due to our visa status and that my wife was advised wrongly by the HMRC’s advisor on phone.

To make the things worse I applied for the extension of my HSMP (towards Tie1 visa) in July 2009 through a solicitor and due to my ignorance and not considering the HIPG as public fund I did not mention in the form about the claim of HIPG that my wife made. My Tier 1 visa application went successfully.

Now when I am fully aware of the situation and my ILR application is due in July 2010 I would like to have some advice on following.

1. Should I return the HIPG money back to HMRC and clarify my position? If yes, should I do it before applying for ILR? Are there any specific documents I should aks them to send me to strengthen my position for ILR application?
2.Whether I should answer “Yesâ€

[John]

Have a read of this topic, where the issue of HiPG is dealt with.

[rajeshsubra]

Hello metalic78
did this get resolved? i'm in a similar boat, and going to submit my ILR soon. should I just refund the HIPG amount to be safe?
Please let me know. Thanks!
Rajesh

[John]

HiPG has now been abolished and UKBA never did get round to adding it to the definition of Public Funds in para 6 of the Immigration Rules. That being the case there is nothing to worry about.

[rajeshsubra]

John,
Thank you very much for your quick reply.

I am taking the help of a solicitor, who are advising me that the HIPG was considered public funds, and if the Home Office decides to check with HMRC on whether we have taken public funds, they may refuse the application. Do you know if they usually do this check? I am going to apply through the premium service, will that allow them enough time to?

However, in my case, the application is going in my name with my wife and daughter as dependants, whereas the HIPG was done in my wife's name. Will that help?

Just to be safe, I would like to return this. do you know whats the best way to do so? On the HMRC website, there is no phone number for HIPG, only a postal address. Can I just write to them stating the confusion and attach a cheque for £190?

Please let me know! Thanks once again!
Best regards,
R

[John]

I am taking the help of a solicitor, who are advising me that the HIPG was considered public funds

Hmm .... not impressed. I suggest they go away and read the definition of Public Funds in para 6 of the Immigration Rules, and if they track back changes to that definition, they will see that at no stage was HiPG within that definition.

A separate point ... did UKBA include HiPG in their list of benefits in the Public Funds section of their forms? Yes they did, but without any legal authority to do so.

As a fact I was pointing out to UKBA for ages that they had not added HiPG or ESA(income-based) to the Public Funds definition. That is, I was pointing out the discrepancy between the definition and their forms. Eventually they got round to adding ESA(income-based) to the definition, with considerable delay, but they never did get round to adding HiPG to the definition, before that benefit was abolished.

[rajeshsubra]

John,
Thanks, just as well. - I have clarified, and my solicitor agrees that it shouldnt matter, since the HIPG is now taken out of 'public funds' in the immigration rules...
Just cleared the Life in the UK test today, first step..will submit my ILR application in 3 weeks time.
Thanks,
Rajesh

[John]

since the HIPG is now taken out of 'public funds' in the immigration rules...

Not strictly correct because as already pointed out, HiPG never was in the Public Funds definition. So it has not been "taken out" of the definition.

Just cleared the Life in the UK test today

Congratulations! Well done