is housing and council tax benefit public fund????

Layla_UK · Post by **Layla_UK** » Wed Oct 08, 2008 4:54 am

i been reading through here and i understand that child benefit and tax credits are not public funds, how about assistance with housing from the council, housing benefit and council tax? are they considered as public funds affecting ILR application. thanks

Layla_UK · Post by **Layla_UK** » Thu Oct 09, 2008 3:50 am

is there anyone with any advice!!!!
John any input???
thanks anyway

Post by **John** » Thu Oct 09, 2008 9:17 am

i been reading through here and i understand that child benefit and tax credits are not public funds

You have read that? In which case you will appreciate that all this is rather conditional on personal circumstances. But you don't tell us anything about your personal circumstances, so it is impossible to comment upon :-

how about assistance with housing from the council, housing benefit and council tax? are they considered as public funds affecting ILR application.

So, details of your UK immigration status, and also if relevant, details of your spouse/partner's UK immigration status?

Layla_UK · Post by **Layla_UK** » Fri Oct 10, 2008 2:05 am

oh ok sorry i didnt put much details.. i am british my husb is north african with a two year spouse visa???

Post by **John** » Fri Oct 10, 2008 10:45 am

Layla, you are British, and are therefore able to claim Public Funds, with no problem. But as you say, your husband is non-EEA and is in the UK on a 2-year spouse visa, with its "No Recourse to Public Funds" restriction.

You mention Child Tax Credit and Child Benefit, and therefore there are child(ren) in the place. Accordingly you claiming all of the benefits you mention is not going to be a problem (but the Tax Credits claim needs to be in joint names).

In particular :-

Child Benefit - you are claiming that .... no problem
Tax Credits - this should be claimed jointly by a couple living together. Any such joint claim is totally OK, notwithstanding the No Recourse to Public Funds restriction on your husband's visa
Council Housing, Housing Benefit and Council Tax Benefit - especially because of the child(ren) in the household, these are not a problem. As regards the benefits you cannot claim more such benefit because your husband is living there with you. However as the income disregard is the same for "couple with child" as it is for "single parent and child", you cannot possibly be getting more benefit because your husband is living there with you. Indeed you might be getting less, because of course you will be declaring your husband's income to the benefits office. The actual Council Housing? It is highly unlikely that you have been allocated a bigger place simply because your husband is there, so the actual provision of the Council Housing is not a problem

Layla_UK · Post by **Layla_UK** » Sun Oct 12, 2008 12:18 am

thanks for all the explanation.. John u r a true star.

vertue · Post by **vertue** » Fri Mar 16, 2012 12:56 pm

hi john.

i living in one bedroom flat. i've brought my family in 2010. i am a british along with 2 kids. my wife & and other 3 kids on spouse visa.

i applied for large house with council but they saying they can only look for 3 of us to consider not all family members.

i am paying rent and not claiming housing benefit or council tax.
could you please advise where i am and what is my legal right?

can i claim child benefit, tax credit for all of them?

your repsposne is highly appreciated.

Post by **John** » Fri Mar 16, 2012 2:58 pm

A number of questions there :-

Child Benefit ..... you are British and fully entitled to claim .... in respect of all five children!

Tax Credits .... in respect of a couple living together a Tax Credits claim must be in joint names. And that joint claim is totally OK, for technical reasons as explained many times on this board.

Housing Benefit (and indeed Council Tax Benefit) .... OK for you to claim, but only you plus the two British children should be taken into account in calculating the amount of the benefit payable.

Allocation of Council Housing .... I agree with the policy of the Council, and for them to allocate a larger property than they would allocate to a single parent plus two children would breach the "No Resource to Public Funds" rule. But the same rule does not apply to Housing Associations (unless one of their housing units is allocated by the local Council using nomination rights).

If there are no current claims for Child Benefit and Tax Credits, do ensure those claims are made as soon as possible. They can only be backdated a maximum of three months, so the sooner you claim, the more money you will receive.

Go to the www.hmrc.gov.uk website, and click on the Child Benefit and Tax Credits links.

HB & CTB ... contact your local Council to claim.

vertue · Post by **vertue** » Fri Mar 16, 2012 3:19 pm

Hi John,

thanks for your prompt reply. i don't quite understand by the response. it is the local council that i have applied for.
they kept refusing that they will not offer any help towards my 3 kids & wife.

child & tax credit: you mentioned joint application but my mrs has got endorsed no recourse to public fund ? can she still be applying?
will this affect her visa status?

pushing council for full support despite paying rent from my pocket will breach the law?

awaiting your advice.

Post by **Casa** » Fri Mar 16, 2012 3:57 pm

Applying for a larger council house in order to accommodate your wife and her 3 children (who are subject to Immigration Control) would be against the condition of their visas regarding 'not claiming Public Funds'.
Tax credits have to be claimed in joint names. This won't affect your wife's ILR application.

vertue · Post by **vertue** » Fri Mar 16, 2012 4:16 pm

sorry.

if i claim larger house from council is against the law? is that what you means?

so you suggest i should not go for this option?

awaiting your help.

regards

Post by **Greenie** » Fri Mar 16, 2012 4:32 pm

vertue wrote:sorry.

if i claim larger house from council is against the law? is that what you means?

so you suggest i should not go for this option?

awaiting your help.

regards

you can't claim a larger house because this would be recourse to additional public funds which your wife and 3 non British children are not entitled to.

Post by **Casa** » Fri Mar 16, 2012 4:38 pm

You can't push for the larger council house as it would badly affect your wife's application for permanent residency (ILR).
As John has advised, you could look into Housing Association accommodation which isn't considered to be 'Public Funds'.

Post by **John** » Fri Mar 16, 2012 5:53 pm

vertue, any particular reason why you have not been claiming Child Benefit or Tax Credits? Lack of claim to date could have cost you thousands.

vertue · Post by **vertue** » Fri Mar 16, 2012 5:56 pm

john, i didn't know i thought they are not entitle. i had in my mind no recorse to public fund.

Post by **Greenie** » Fri Mar 16, 2012 6:13 pm

you should claim CTC and CB as John has suggested - you have recourse to public funds so you are able to claim these even though 3 of your children don't.

Can I ask however - you say you are living in a 1 bedroom flat with your wife and 5 children - what accommodation did you state was available to you when your wife and children applied for their visas?

ali sher · Post by **ali sher** » Fri Mar 16, 2012 9:14 pm

John wrote:Housing Benefit (and indeed Council Tax Benefit) .... OK for you to claim, but only you plus the two British children should be taken into account in calculating the amount of the benefit payable.

Hello all, I have been reading every single post in claiming benefits section and could nt find answer to my problem, it could be my fault as I'm not good with understanding legal bits. That's why I asked for help but no one replied to my questions.

Now I'm reading this post and it has helped me getting answers of most questions I had in my mind. But I still need an advice regarding HB. Pls have a look at my situation and kindly advice me on it thanks.

'' I have ILR and sponsored my wife and 2yr old daughter from Pakistan. They came here last year and I lost my job soon after. I had to claim CB, CTC, HB CTB and JSA incm based. I'm getting these benefits in my name except CTC joint claim. But CTB bill also has both mine and wife name on it which makes me worried.

Now I know I'm ok to get CB, CTC but your above quote regard HB has made me confused as it says only British children should be taken into account and my child is non British'' ?

Post by **John** » Fri Mar 16, 2012 9:27 pm

ali sher, you got ILR, then they got their visas? If so please confirm that your daughter's visa is ILE .... indefinite leave to enter?

ali sher · Post by **ali sher** » Fri Mar 16, 2012 9:57 pm

John wrote:ali sher, you got ILR, then they got their visas? If so please confirm that your daughter's visa is ILE .... indefinite leave to enter?

My daughter visa type is '' TO ACC MOTHER '' and has same expiry as her mother visa which is spouse visa. Both have no recourse to public funds

Post by **John** » Fri Mar 16, 2012 10:30 pm

Did you already have your ILR when your daughter's visa was granted? And is she your daughter, or your step-daughter?

Post by **Greenie** » Fri Mar 16, 2012 10:37 pm

John wrote:Did you already have your ILR when your daughter's visa was granted? And is she your daughter, or your step-daughter?

regardless of whether the child is the op's daughter or step daughter she would not qualify for Ile as the mother is not settled in the UK.

ali sher · Post by **ali sher** » Sat Mar 17, 2012 5:54 am

John wrote:Did you already have your ILR when your daughter's visa was granted? And is she your daughter, or your step-daughter?

I got my ILR and then got married abroad, my daughter was born in Pakistan. I managed to sponsor both my wife n daughter, wife got spouse visa and daughter visa says 'to acc mother' on it, both visa are 2 years.

ali sher · Post by **ali sher** » Sat Mar 17, 2012 7:03 pm

John wrote:ali sher, you got ILR, then they got their visas? If so please confirm that your daughter's visa is ILE .... indefinite leave to enter?

So is it not ok for me to get housing benefit and ctb as my daughter does nt have ILE and have 'no recourse to public funds' restriction on her visa?

ali sher · Post by **ali sher** » Mon Mar 19, 2012 11:14 am

Greenie, john and other experts I really need to know if its ok for me to keep getting HB and CTB when my wife and daughter have no recourse to public funds restriction on their 2 years visa as they will be applying for ILR in future. I hope you don't mind me asking this again as I'm still not clear on it.

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is housing and council tax benefit public fund????

is housing and council tax benefit public fund????