Will receiving the 'health in pregnancy grant' mean refusal?

[marthamay]

Hello everyone, I'd really appreciate any views on this.

I'm currently on a spouse visa and have lived in the UK with my british husband for nearly 10 years (I was previously on an ancestral visa).
I am just about to apply for Indefinite Leave to remain but have noticed that one question on the form asks if I am receiving any benefits and it lists the HEALTH IN PREGNANCY GRANT.

Last year when I was pregnant with my son my midwife applied for this for me and I was assured that because I had been resident for so long it was not an issue. I did not realise that this was considered 'public funds' (I received maternity pay also which is not considered a 'public fund'). If I had thought it would jeopordise my chances at ILR I would never have accepted the money!

I would really like to know if anyone has successfully applied for ILR having already received the health in pregnancy grant?

Any advice appreciated.

[MPH80]

http://www.ukba.homeoffice.gov.uk/while ... blicfunds/

Given that it's clearly listed there - and assuming your visa does say "no recourse to public funds" ... I'd suggest you repay it and write a cover note stating that you hadn't realised, and now you do - you've repaid.

M.

[Greenie]

i think the information on the UKBA website is wrong.

If you read the immigration rules, para 6, the Health in Pregnancy Grant is not listed as a public fund:

http://www.ukba.homeoffice.gov.uk/polic ... roduction/

Also if you read the public funds guidance, page 4, it states that the guidance was amended to take out any reference to the Health in Pregnancy Grant "This was never included in paragraph 6 of the Immigration Rules and must not be considered as a public fund"

Public Funds Guidance

[marthamay]

Thank you so much for the replies!
I've been reading all the relevant topics on this and it all seems very confusing and there is NO clear information on the website - it all seems to be contradictory.
When I filled in the HIPG form I ticked 'yes' when it asked about whether I was subject to immigration control and so then I was given a follow up call from HMRC. They woman said that as my husband was a UK national that I was eligible.

At the time (this was more than one year ago) I checked the information that had accompanied my visa and the HIPG was not included in their list of public funds.

I am thinking of writing to HMRC and stating that I did not realise that it was considered 'public funds' under immigration regulations and that I would like the chance to refund the money.

The other confusing element of the ILR form (M) is that the question is worded in the present continuous tense - i.e Are you claiming....?
As the HIPG is a one-off grant that I was awarded more than one year ago it feels as if I should not have to tick this. The ambiguity lies in that HIPG is one of the tick boxes. VERY CONFUSING.

On the one hand, I do not want it to look as though I am being deceitful but on the other hand, they need to make the form less ambiguous and correctly worded if they want this information. Can I add a side note? Could I tick the box but also include a letter stating my confusion?

Alternatively, I play it safe and refund the money ASAP and don't have to worry about it.

What do you think is the best course of action?

[rajeshsubra]

Hello Martha,
I am in a similar situation as yours...didnt realise that Health in pregnancy is public fund...reading your post and replies, its not quite clear it is...
However, I do plan to return it back if it is an option.
What exactly did you do? Did you finally return it?
Please let me know...Thanks!
Raj

[marthamay]

Hi, I just got my indefinite leave last week. Actually, they've now changed the application form and it no longer specifies the HIP grant so it's no longer an issue. What a relief! Best of luck.

[rajeshsubra]

Dear marthamay,
Thanks for your reply. Congrats on your ILR.
I am taking the help of solicitors, 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.
However, considering this wasnt done in your case, hopefully it is ok. In any 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.

just to be safe, I would like to return this. do you or any of the other senior members (MPH80) 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!
R

[marthamay]

I honestly am not sure of the best way to return the money. When I received the HIPg I was pretty sure it was not classed as public funds and as it is a one of payment then it is extremely ambiguous. I'm assuming that this is the reason they have taken it off the most recent version of SET M.
It's just terrible when you have so much to loose and you are not sure.
I can certainly understand wanting to pay it back just for peace of mind!
I was very nervous about it but in the end I didn't repay the money and had no problem obtaining the visa.
Good Luck whatever you decide

[rajeshsubra]

Martha,
Thanks - 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 application in 3 weeks time.
Thanks,
Rajesh

[ahmedahmed]

Hi,
I am on spouse visa n ilr due in october, my wife is british citizen and got health in pregnancy grant, is there any issue for me cuz question in set m form if you or your partner getting benifits?

q=1 = please guide me that i have to mention yes ?
q =2 = is there any bank statment spesific amount requirement ?


regards

[aosun007]

Health in Pregnancy grant is not relevant for the purpose of immigration rule as a public fund
It was not even mention in 7.6 of SET(M) form
so don't worry yourself.This is not public fund