Question about SET(M)- husband claiming benefit

woodlands · Post by **woodlands** » Sat Feb 04, 2012 3:49 am

Hi Everyone,

I am due to apply for ILR SET(M) this month. I have a question about my husband's benefit.
I am currently employed but my husband(british citizen) is unemployed. He is claiming carer's allowance because looking after his mum. Will his benefit affect my application?

Your advice will be deeply appreciated
Thank you in advance.
Woodlands

Post by **Casa** » Sat Feb 04, 2012 11:24 am

UKBA Case Workers are instructed not to refuse ILR for a spouse due to financial reasons alone. As long as all your other paperwork is in order, you'll be fine.

Post by **Greenie** » Sat Feb 04, 2012 11:27 am

woodlands wrote:Hi Everyone,

I am due to apply for ILR SET(M) this month. I have a question about my husband's benefit.
I am currently employed but my husband(british citizen) is unemployed. He is claiming carer's allowance because looking after his mum. Will his benefit affect my application?

Your advice will be deeply appreciated
Thank you in advance.
Woodlands

is he declaring your income in his benefit clams?

woodlands · Post by **woodlands** » Sat Feb 04, 2012 3:57 pm

Thank you for your advice.

reply to Greenie's question: I don't think he declares my income when claiming benefit.

Because he has not been working for a long time(last two years), he has claimed several kinds of benefit, well I am not sure what kind of benefit he has been getting. as I am not familiar with benefit system, that why it worries me more. When I told him my worries, He just said you go ahead apply for it, you will be fine.

Please advice
Thank you in advance
Woodlands

thetoothfairy · Post by **thetoothfairy** » Sun Feb 05, 2012 9:31 am

woodlands wrote:Thank you for your advice.

reply to Greenie's question: I don't think he declares my income when claiming benefit.

Because he has not been working for a long time(last two years), he has claimed several kinds of benefit, well I am not sure what kind of benefit he has been getting. as I am not familiar with benefit system, that why it worries me more. When I told him my worries, He just said you go ahead apply for it, you will be fine.

Please advice
Thank you in advance
Woodlands

He is allowed to claim benefits ( legally) as a British Citizen, as long as YOU did not claim any as listed on the letter given to you on the start of the 2 year probational period you should be fine. Good luck

I stand to be corrected

Post by **Casa** » Sun Feb 05, 2012 10:55 am

But as Greenie has highlighted, it's essential that your husband has notified the authorities that you have an income. Not to do so would be considered benefit fraud and could have an adverse affect on your application.

woodlands · Post by **woodlands** » Tue Feb 07, 2012 2:20 pm

Thank you for your advices above.

I am really worried and confused.
Because my husband is getting Income Support (without declaring my income) and Carer's Allowance(looking after his mum) at the moment. By the way, he had claimed all sort of benefits in the past, including JSA, Housing benefit and others.

When I asked him what should I put down in the SET(M) application form? He said just put down both of us are benefit free, not claiming benefit.

But from his bank statement (prove of finance), it is clear he has money paid in from DWP with his NI number on it.

Just like Casa mentioned above, because my husband didn't declare my income while claiming Income Support, that might cause back fire on my application.

I was wondering, because my husband is unemployed, so can i just don't attach his bank statements in my application. Just use my payslips and bank statements as the prove of finance only and say that my income is supporting both of us. Also tick we are not claiming any benefit in the application form.
will that work?
I am so anxious and worried.

Please share your opinion.
Your opinion will be deeply appreciated
Thank you in advance
Woodlands

Post by **Greenie** » Tue Feb 07, 2012 2:24 pm

do not lie on your application form under any circumstances. if your husband is claiming benefits, you need to declare it. If you lie and are found out this could result in a refusal.

He should be declaring your income in his income-based benefits claims - of which income support is one. He is committing benefit fraud by not doing so.

woodlands · Post by **woodlands** » Tue Feb 07, 2012 3:05 pm

Thanks Greenie,

I realised that my husband is commiting benefit fraud without including my income.

If UKBA found out he is commiting benefit fraud, will that affect his benefit? Also will that affect my SET(M) application?

To be honest with you, even though I have income but that is not enough for us to make the end of the month, because we have mortgage and secured loan. So we can't really afford to lose the benefit money.

what should I do?

Woodlands

Post by **Greenie** » Tue Feb 07, 2012 3:09 pm

what benefits is your husband currently claiming and how much is your income per month after tax?

Carers Allowance wouldn't be effected by the fact that you are earning, however his Income Support and other means tested benefits (such as housing benefit) would be.

Post by **John** » Tue Feb 07, 2012 4:21 pm

As well as questions already asked ..... are the two of you jointly claiming Tax Credits? If not, why not?

The fact is that because you are working (unless you only work a few hours per week) he has no ability to claim Income Support. Instead, if the family income is low, the two of you should be jointly claiming Tax Credits.

Any children in your household?

woodlands · Post by **woodlands** » Tue Feb 07, 2012 5:24 pm

Thank you for your responses

To answer Greenie: He is getting Carer's Allowance and Income support, That is what I can see from his bank statement.
My income is 1424pound after tax per month.
I have asked him several times about his benefit claims, he becomes very irritated and agitated when it comes to benefit. So, I really don't know what other benefit he is getting.

To answer John: we didn't jointly claim tax credit. I really don't know why. I don't understand the system well. I was very ill at the beginning of the marriage been in hospital for few months. After that, I tried to find a job and put my head down, make the living to support both of us.
We have no children in the household.

I am so frustrated on this application, and my husband is not supportive here. But I am glad that I can get some helpful advices on this forum.
Thank you so much deeply from my heart
Woodlands

Post by **Greenie** » Tue Feb 07, 2012 5:32 pm

your husband is most certaintly not entitled to income support due to your earnings.

The carers allowance is different as it is not means tested on household income (although if your husband had other income he may not get carers allowance).

You may be entitled to working tax credit on your income - this needs to be a joint claim.

you can check this here

http://taxcredits.hmrc.gov.uk/Qualify/DIQHousehold.aspx

You cannot lie on the form as this will make matters worse. Your husband needs to stop claiming income support as even if you don't declare it on the form they may find out from HMRC anyway.

woodlands · Post by **woodlands** » Tue Feb 07, 2012 11:57 pm

Thank you very much.

I will mention about my husband's benefit in the application form, despite he insists that mentioning about his benefit claim would put my application at risk.

I feel very anxious because I don't know whether that is going to japerdize my application or not. After all, honesty is the best policy.

I have a further question. Should I attach his letters from DWP?
As in my documents required in section 10, I didn't include any of his DWP letters.

I am so worried that my application will be unsuccessful. or my application will get my husband and I into further problems.

Thank you for your advices in advance
woodlands

Post by **John** » Wed Feb 08, 2012 7:40 am

After all, honesty is the best policy.

Indeed! At present your husband is committing benefit fraud! There could be an early morning knock on the door any day, and hopefully that has not happened this morning!

What to do? Your husband needs to withdrawn his benefit claim today! Then you need to re-read the Public Funds question on the form SET(M). Why? Because you will then appreciate that it is asked in the present tense ..... are you claiming? Not .... what have you been claiming in the past!

Accordingly, as your husband will not be claiming Income Support when you apply for your visa, the honest and truthful action will be to omit any mention of that from the form.

woodlands · Post by **woodlands** » Wed Feb 08, 2012 8:57 am

Thank you so much John!
Thank you for your advice, I feel a lot more relieved.

I will ask him to withdrawn the claim today!

one last thing is on his bank statement, DWP payments are shown. Can I include his bank statement? or should I send my application without his bank statement.

Thank you again
You really make my day

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Question about SET(M)- husband claiming benefit

Question about SET(M)- husband claiming benefit

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