Benefits HELP PLEASE

chris12345 · Post by **chris12345** » Sun Jul 31, 2011 8:34 pm

Hi I have an couple of questions that I would like to ask you.
I got married on the 9th of April in South Africa my wife is british I am South African. I came to the uk on the 25th May this year. I have an no recourse to public funds visa. My wife use to be on income support and housing benefits they stopped that now cause we got married. Is it possible for her to claim housing benefit and income based jobseekers for her and her 3 kids? We did our tax credits jointly were sending our forms in tommorow. Thank you she has an appointment at jobcentre on tuesday. Thank you.

mochyn · Post by **mochyn** » Mon Aug 01, 2011 6:42 am

chris12345 wrote:Hi I have an couple of questions that I would like to ask you.
I got married on the 9th of April in South Africa my wife is british I am South African. I came to the uk on the 25th May this year. I have an no recourse to public funds visa. My wife use to be on income support and housing benefits they stopped that now cause we got married. Is it possible for her to claim housing benefit and income based jobseekers for her and her 3 kids? We did our tax credits jointly were sending our forms in tommorow. Thank you she has an appointment at jobcentre on tuesday. Thank you.

As a british citizen she is entitled to benefits such as Housing and Income Support

Post by **Greenie** » Mon Aug 01, 2011 11:30 am

mochyn wrote:
chris12345 wrote:Hi I have an couple of questions that I would like to ask you.
I got married on the 9th of April in South Africa my wife is british I am South African. I came to the uk on the 25th May this year. I have an no recourse to public funds visa. My wife use to be on income support and housing benefits they stopped that now cause we got married. Is it possible for her to claim housing benefit and income based jobseekers for her and her 3 kids? We did our tax credits jointly were sending our forms in tommorow. Thank you she has an appointment at jobcentre on tuesday. Thank you.
As a british citizen she is entitled to benefits such as Housing and Income Support

yes but not if OP's income is too high.

OP are you working? If so how much are you earning?

chris12345 · Post by **chris12345** » Mon Aug 01, 2011 4:24 pm

Thanks for answers I get 250-00 per week after tax.

Post by **Greenie** » Mon Aug 01, 2011 4:33 pm

chris12345 wrote:Thanks for answers I get 250-00 per week after tax.

in that case she probably won't be able to claim Income Based JSA as your household income is too high but you should be entitled to CTC and possibly WTC.

See

https://www.turn2us.entitledto.co.uk/en ... lator.aspx

chris12345 · Post by **chris12345** » Mon Aug 01, 2011 4:40 pm

Well thats an thousand pounds an month. And were 5 people in the house as she got 3 kids. So how can we live of that

Post by **Greenie** » Mon Aug 01, 2011 4:48 pm

chris12345 wrote:Well thats an thousand pounds an month. And were 5 people in the house as she got 3 kids. So how can we live of that

tax credits top up the income as you have children. The minimum a couple are expected to live on is Â£105.95 per week. I you earn more than that then she will not get income based JSA, but tax credits and child benefit can be claimed to top up your household income and she may also still be entitled to housing benefi. this is not an immigration question.

chris12345 · Post by **chris12345** » Mon Aug 01, 2011 5:00 pm

I have an no recourse to public funds visa i cant claim benefits

chris12345 · Post by **chris12345** » Mon Aug 01, 2011 5:16 pm

can she get housing benefit if she isnt allowed jsa

Post by **John** » Mon Aug 01, 2011 8:54 pm

I have an no recourse to public funds visa i cant claim benefits

You are making a common mistake, a very understandable mistake, to equate "public funds" with "benefits", but in fact not all benefits are within the definition of "public funds", as in para 6 of the Immigration Rules.

But even that definition is varied by paras 6A to 6C, dependent upon circumstances.

So for you, because of para 6B, it is totally OK for you to be a joint claimant with your wife for Tax Credits, and for you that does not count as Public Funds. Also should that Tax Credits claim lead to the issue of NHS Exemption cards, it is totally OK for you to use that card, because such benefit is not within the definition of Public Funds.

Your wife claiming Housing Benefit and Council Tax Benefit? No problem at all, because of para 6A.

chris12345 · Post by **chris12345** » Tue Aug 02, 2011 5:41 pm

Thanks for that answer John really appreciate it. So what public funds am I allowed that wont mess up my ILR?

Post by **Greenie** » Tue Aug 02, 2011 8:29 pm

chris12345 wrote:Thanks for that answer John really appreciate it. So what public funds am I allowed that wont mess up my ILR?

You and your wife should make a joint claim for tax credits.

Your wife can continue to claim child benefit as it is (currently) not means tested.

Other income based benefits, such as housing benefit, income based JSA etc, you should not claim but your wife may be able to claim them depending on your household income at any given time.

chris12345 · Post by **chris12345** » Wed Aug 03, 2011 4:59 pm

I have an problem now then my wife claimed jsa an month and an half ago i went with her they told us she can not make an claim on her own as she is married to me now. So I showed them my visa and they made copies of it and saw my no recourse to public funds but still they made an joint claim for us which none of us realized they did but they did stop it now. What will it do to my ILR how can I explain to them they made the mistake not me please help. I only got here in May the claim was rom June to July.

Post by **John** » Wed Aug 03, 2011 9:23 pm

What sort of JSA was she claiming? Contribution-based? Or income-based?

chris12345 · Post by **chris12345** » Fri Aug 05, 2011 3:50 pm

income based

chris12345 · Post by **chris12345** » Sat Aug 06, 2011 12:11 pm

She claimed income based jobseekers

Post by **John** » Sun Aug 07, 2011 8:47 pm

For income-based JSA claims it is necessary for the income of both of a couple to be disclosed.

So whilst both spouses will be named in the documentation, so are you sure that both of you are named as claimants? Are you both job-seeking?

chris12345 · Post by **chris12345** » Sun Aug 07, 2011 9:31 pm

Not sure but we got 105 pound per week. Even though I told the jobcentre im working and I have an no recourse to public funds visa. So im really confused

Post by **John** » Mon Aug 08, 2011 3:07 pm

Can I ask, how much are you earning?

chris12345 · Post by **chris12345** » Mon Aug 08, 2011 6:09 pm

147-00 after tax

210-00 before tax

Post by **John** » Mon Aug 08, 2011 8:27 pm

Did you actually get Â£105.95 per week?

I suspect that they have got very confused, and ignored the earnings, and paid benefit when none was actually due.

Post by **John** » Sat Aug 13, 2011 9:06 am

Given that you are earning that, I don't understand why your wife got any i-b JSA. It makes no sense to me.

chris12345 · Post by **chris12345** » Tue Aug 16, 2011 4:51 pm

Still waiting for an answer

Post by **John** » Tue Aug 16, 2011 5:09 pm

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Benefits HELP PLEASE

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