housing benefit?????

[b_queen]

hi there....im a british citizen....recently my husband got his 2years extention through flr(m)....

i am planning to apply for housing benefit...as i dont work. we both live in a private tenancy. my husband right now working part time 20hours or less. im pregnant.

to apply housing benefit they r saying to show my husbands' income..payslips etc.

for his 2 years leave to remain he is not entitled to take any benefits.

[b]my question is ..if i show his income payslips nd all will this affect him in any way? [/b]

[Lucapooka]

Because you are married and live together, both yours and your husband's income are now considered jointly as one sum (you can't claim that you live separate lives) so any means-tested benefits that wish to claim as an individual (he can't claim any for himself) must include any money that is held or earned jointly by both you and your partner. However, any housing benefit that you are entitled to will be assessed on the basis as if you were a single person as your partner can't be included in the allocation.

[ultimate12570]

Because you are married and live together, both yours and your husband's income are now considered jointly as one sum (you can't claim that you live separate lives) so any means-tested benefits that wish to claim as an individual (he can't claim any for himself) must include any money that is held or earned jointly by both you and your partner. However, any housing benefit that you are entitled to will be assessed on the basis as if you were a single person as your partner can't be included in the allocation.

Very Nice (when it comes to claim any benefits they consider Husband/ Wife Income who is on a spouse visa ? but doesn't give them a single benefits) How clever these people are? Arn't they?
if they don't give a benefits to Non-Eu then why they still consider their Income?

[Greenie]

Because you are married and live together, both yours and your husband's income are now considered jointly as one sum (you can't claim that you live separate lives) so any means-tested benefits that wish to claim as an individual (he can't claim any for himself) must include any money that is held or earned jointly by both you and your partner. However, any housing benefit that you are entitled to will be assessed on the basis as if you were a single person as your partner can't be included in the allocation.

Very Nice (when it comes to claim any benefits they consider Husband/ Wife Income who is on a spouse visa ? but doesn't give them a single benefits) How clever these people are? Arn't they?
if they don't give a benefits to Non-Eu then why they still consider their Income?

they need to consider the household income of the person claiming benefits if their partner earns enough for them to live on then i am not sure why you think the person should be able to receive t.e benefits anyway just because their spouse is a migrant with no recourse to public funds?

[geriatrix]

Hi there....my husband recently got his 2 years extention thru spous visa...I'm aware that he can't get any benefits in this 2 years....
.. My question is....can I apply to get benefits?...or if I get it will also effect my husbands visa?

[geriatrix]

You may claim (or continue receiving) any public funds that you, a British citizen or settled person, are entitled to as an individual.

[John]

if they don't give a benefits to Non-Eu then why they still consider their Income?

A couple of points. Firstly you are confusing "benefits" and "Public Funds". Never ever think that all benefits are within the definition of "Public Funds" as in para 6 of the Immigration Rules.

Secondly, if you do not disclose your husband's income that would amount to benefit fraud, and obviously you want to avoid that.

Are there any children in your household? Or just the two of you?

[b_queen]

I wrote this post when I was pregnant... Couple of days ago I gave birth 2 a baby girl..we have jus this 1 kid

[John]

Many congratulations on the birth of your daughter. I hope that both you and her are well.

So now, make a claim for Child Benefit, and also you and your husband jointly make a claim for Tax Credits. But suspect that you will need to register the child's birth first, to get hold of the needed birth certificate.

[smzai80]

Dear
I got ILR and I have my daughter who got British nationality after my ILR, she is just 9 months, I am claiming benefits CTC (on wife name) WTC and BC on my name. I am applying for my wife visa FLR ( m). Will this effect her application for further leave to remain or not? Plz help me

Many congratulations on the birth of your daughter. I hope that both you and her are well.

So now, make a claim for Child Benefit, and also you and your husband jointly make a claim for Tax Credits. But suspect that you will need to register the child's birth first, to get hold of the needed birth certificate.

[wiggsy]

I wrote this post when I was pregnant... Couple of days ago I gave birth 2 a baby girl..we have jus this 1 kid

you can be assessed at the "single parent" rate of housing benefit, which coinsidently, just like tax credits, is the same as the couples allowance...
ensure that you write to the housing benefit team to make them aware that you are a parent, whos partner has no recourse, and you can only be paid at the effective "single parent" rate. (they will pay a couple allowance, but this is OK within the law of immigration rules, as it is the same figure as a single parent is allowed!)

whether you qualify for payment is another story...

worth a shot though

COUNCIL TAX BENEFIT IS DIFFERENT: DO NOT CLAIM THIS!

you cannot get the 25% lone adult rate as you have an additional adult living with you. and the fact that the additional adult is not entitled to recieve the benefit, would breach the immigration rules...

best to pay up the 25 quid or so out of your pocket.


good luck!

[John]

COUNCIL TAX BENEFIT IS DIFFERENT: DO NOT CLAIM THIS!

You are confusing two separate matters. The 25% discount is nothing to do with Council Tax Benefit. In fact. using exactly the same logic as you state for Housing Benefit, there is no problem in CTB being claimed.

A totally separate matter, not means-tested, is where there is just one "counting adult" in the place, then a 25% discount can be claimed. Thus the proverbial millionaire living alone is able to claim the 25% Council Tax discount.

A "counting adult"? So look at the people living in the place, and then ignore any children, Also ignore any full-time students. How many people are you left with? If two or more, no 25% discount, but if just one, then the discount can be claimed. Nothing at all to do with the income of that person.

When my own wife came to the UK back in 2001, she moved into my house so I stopped claiming the 25% discount, then a couple of months later she became a full-time student, so for a while I claimed the discount again.

[smzai80]

Dear john

I am applying for my wife FLR ( M ) and we claiming CTC on my site name and CB and WTC on my name as I have ILR. Will this affect her application.
Thanks

COUNCIL TAX BENEFIT IS DIFFERENT: DO NOT CLAIM THIS!

You are confusing two separate matters. The 25% discount is nothing to do with Council Tax Benefit. In fact. using exactly the same logic as you state for Housing Benefit, there is no problem in CTB being claimed.

A totally separate matter, not means-tested, is where there is just one "counting adult" in the place, then a 25% discount can be claimed. Thus the proverbial millionaire living alone is able to claim the 25% Council Tax discount.

A "counting adult"? So look at the people living in the place, and then ignore any children, Also ignore any full-time students. How many people are you left with? If two or more, no 25% discount, but if just one, then the discount can be claimed. Nothing at all to do with the income of that person.

When my own wife came to the UK back in 2001, she moved into my house so I stopped claiming the 25% discount, then a couple of months later she became a full-time student, so for a while I claimed the discount again.

[John]

Please confirm that the Tax Credit claims are actually in joint names.

[smzai80]

Please confirm that the Tax Credit claims are actually in joint names.

Yes, I applied on one application, the HMRC considered it as a joint claim and they allow WTC on my name and CTC on my wife name.

[John]

I am pleased to hear that, otherwise it could be benefit fraud.

The documentation that you have received is in joint names, and thus both WTC and CTC are being claimed in joint names. That is totally fine, as is the claim for CB.

[smzai80]

Please confirm that the Tax Credit claims are actually in joint names.

Yes, I applied on one application, the HMRC considered it as a joint claim and they allow WTC on my name and CTC on my wife name.

[smzai80]

Thanks John. This mean that I can apply for my wife FLRM visa without any problem . Thanks once again John.

I am pleased to hear that, otherwise it could be benefit fraud.

The documentation that you have received is in joint names, and thus both WTC and CTC are being claimed in joint names. That is totally fine, as is the claim for CB.

[k_alibaba]

Dear John,
I would really appreciate if you could help me on some of the benefits doubts in my mind before i send my wife and kids applications.

In sept 2012 I send my ILR application on 10 years long term basis with 8 years student and 2 years Discretionary Leave on the basis of my son's medical condition.
our current leave does not restrict us from claiming any benefits or public funds
so we are getting child benefits for my both kids and DLA for my son and both of them are on my wife's name.
I did not applied for any other income related benefit.
Now I am worried if home office could create problems for my family's flr applications on these grounds.
my initial plan was that once I get the ILR then transfer benefits on my name or its better for us to stop taking benefits??
one more thing if they been granted FLR as my dependents then it might be possible that probationary period we might get public fund restrictions.

could you please give me your expert opinion

[John]

our current leave does not restrict us from claiming any benefits or public funds

So just to make it totally clear, you are saying that the current visas do not have a "No recourse to Public Funds" condition?

If such an endorsement is missing, then there is clearly not a problem claiming the benefits that you mention.

I am not going to speculate about a future visa. Let's cross that bridge when we come to it.

[Greenie]

It would be best if you stuck to one thread. An FLR(m) application is not appropriate.

http://www.immigrationboards.com/viewto ... 539#779539

[k_alibaba]

Thanks John,
There is no such thing mentioned about public funds.
it did not say any condition so i presume there is no condition in our current leave.
but im worried bout the transition from our current leave to FLR/M cos normally ppls who r on probationary period on FLR dont have public funds provisions.

Regards,

[Greenie]

Please read my post in your other thread. FLR(M) is not the appropriate application for your wife.

[k_alibaba]

Please read my post in your other thread. FLR(M) is not the appropriate application for your wife.

-------------------
thanks n i really appreciate you kind advise.
now thats bit of confusing i recon.
my wife is my dependent on this DL as i was the main applicant and they applied as my dependents.
also been told by the other successful members of the forum on 10 years rules that soon i get the ILR my uk born son become the uk citizen and have to register him on mn1 form and can apply for his passport

so switch from the DL my wife have to apply for FLR/m but now after your guidance which is different from the others
so i have to do my home work regarding suitable route to get the things done.
i am really grateful for your concerns n kind advise.
regards

[Greenie]

There is on such thing as a dependent of DL. Switching on FLR(M) would be a waste of money and would mean she would have to wait a further 5 years for ilr (and have to make another application for limited leave in 2.5 years time.

As far as your son in concerned, yes you can register him as British once you have ilr.