ESC
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Putting the visa to one side, you are legally required to inform the dwp and local authority of a change of circumstance such as becoming part of a couple for certain benefits such as tax credits, council tax reduction/benefit and ESA to name a few. I assume that you are on DLA or Carer's Allowance as your spouse on FLR(m) would have to meet the income threshold unless you are on a specific benefit namely the two I mentioned. Providing you inform the agencies that your wife is subject to immigration control and will be living with you and that are eligible to claim the benefits you should be ok. Your wife will likely be a non-dependent for council tax and a deduction from benefit will be made unless the person who is liable for council tax (I assume your family) is receiving DLA care at any rate or Attendance Allowance. What benefits are you receiving?wunderboy wrote:im a british citizen
my wife is shortly to join me (non-eu) in the uk im on benefits im not the bill payer of council tax but the household is given full benefit my question is do i have to notify the local council office that when my wife joins the house she is subject to no public funds what about the DWP as i do not wish for her to be included in my claim will this affect her ILR ? im not interested in claiming additional benefits im worried about the impact on ILR in the future.
please help
You must inform ESA-IR that you are now a couple and that she is subject to immigration control the benefit will not reduce (unless she has savings or an income) but it won't increase either (the applicable amount will remain a single person). Yes it may mean that a new application will be sent out but hopefully not another ESA50 as the change is only administrative. It doesn't matter whether you want your wife included or not it's the law.wunderboy wrote:the application is under the old rules...
what im worried about is the fact that if i inform the DWP ESA income related support group and DLA that they may ask for a new claim but I DO NOT want my wife included she will have no job for now anyway ive not brought her here to sponge off the state...
what i owe i will pay just dont want her ILR affected in future...
Well not quite, as the title of this topic includes "child benefit". So at present the claim will be in respect of a Single Parent plus x child(ren), and that will stay the same even after the new spouse has moved in.the applicable amount will remain a single person
That would only be the case if the child was included on a benefit such as income support before 2004. The child (person responsible for) will likely receive Child Tax Credit as opposed to being included on an ESA-IR applicable amount. So the ESA-IR will be single person regardless of children (unless the child was on a pre-2004 claim - unlikely).John wrote:Well not quite, as the title of this topic includes "child benefit". So at present the claim will be in respect of a Single Parent plus x child(ren), and that will stay the same even after the new spouse has moved in.the applicable amount will remain a single person
No need to notify the Child Benefit office that she has moved in.
Yes but he's now clarified he's on ESA-IR and is worried about getting re-examined. Regarding the council tax benefit it seems that he's a non-dep and that his family are liable but on are disability benefits but he's not clarified.John wrote:The opening post of this topic does not mention ESA, but does mention "council tax", so I presume we are talking about a claim for CTB here.
Provided you inform the DWP/local authority that she is subject to immigration control you will still get an ESA-IR single person amount not a couple and thus her ILR would not be affected. However, if you get the Severe Disability Premium and she moves in your ESA-IR could be reduced. Like I said regarding the council tax it sounds like you're a non-dep though you have not confirmed?wunderboy wrote:if she is included in the claim wont this affect ILR in the future ?D4109125 wrote: It doesn't matter whether you want your wife included or not it's the law.
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He could claim Carer’s Allowance. He would, arguably, count as the family member of an EU national and therefore fall within a class of persons who could claim. That would not be regarded as recourse to funds if correct.
There is a disagreement on this point between a Commissioner in GB and one in Northern Ireland. Formally the British one (which is less helpful) takes precedence but I think the DWP would follow the NI decision.
See here for the case: JFP v DSD (DLA) [2012] NI Com 267.
Here it is (sorry you will have to cut and paste the link):
http://www.google.co.uk/url?sa=t&rct=j&q=jfp v department for social development&source=web&cd=2&ved=0CDcQFjAB&url=http://iaccess.communityaccess.gov.uk/N ... G4&cad=rja
http://www.google.co.uk/url?sa=t&rct=j& ... IQqb6R9DNA
Carer's allowance is for those caring for someone receiving DLA care middle or high rate, any rate PIP (daily living) or any rate AA not just high rate care DLA. However, it is a public fund and this can not be claimed by someone subject to immigration control. The case you quoted as far as I see clearly states that an EEA national will not be a person from the UK for the purpose of the regulations. If the op was to become an EEA national I.e. exercise treaty rights in another EEA country then his spouse could arguably claim CA or its equivalent in that member state.wiggsy wrote:also note:
if you recieve higher rate care on DLA, your wife can claim CARERS ALLOWANCE - NRPF does not affect this... as she is the spouse of a british citizen. (note: when i looked into this previously, this was the case, i dont know if its changed now! - if it has please correct me John
And the Child Tax Credits, if you recieve them will need to be in joint names.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
I found another one simular to this one, which actually stated british/EEA - but cant see it now...
http://www.bridgesprogrammes.org.uk/ima ... _funds.pdf
but see this thread:
http://www.rightsnet.org.uk/forums/viewthread/4331/
specifically
He could claim Carer’s Allowance. He would, arguably, count as the family member of an EU national and therefore fall within a class of persons who could claim. That would not be regarded as recourse to funds if correct.
There is a disagreement on this point between a Commissioner in GB and one in Northern Ireland. Formally the British one (which is less helpful) takes precedence but I think the DWP would follow the NI decision.
See here for the case: JFP v DSD (DLA) [2012] NI Com 267.
Here it is (sorry you will have to cut and paste the link):
http://www.google.co.uk/url?sa=t&rct=j&q=jfp v department for social development&source=web&cd=2&ved=0CDcQFjAB&url=http://iaccess.communityaccess.gov.uk/N ... G4&cad=rja
http://www.google.co.uk/url?sa=t&rct=j& ... IQqb6R9DNA
I had Severe Disability Premium before the migration to ESA so my income is protected from transitional decreaseD4109125 wrote:Provided you inform the DWP/local authority that she is subject to immigration control you will still get an ESA-IR single person amount not a couple and thus her ILR would not be affected. However, if you get the Severe Disability Premium and she moves in your ESA-IR could be reduced. Like I said regarding the council tax it sounds like you're a non-dep though you have not confirmed?wunderboy wrote:if she is included in the claim wont this affect ILR in the future ?D4109125 wrote: It doesn't matter whether you want your wife included or not it's the law.
I do not think that is necessarily the case, but if the only income of the family unit is DLA, then I suspect that full CTB would be paid. Under the new Council-determined CTB rules that came into force on 01.03.13, it is totally possible that 100% CTB might still be possible, but that might still depend upon family income.i think people on DLA are exempt from council tax
They are most certainly not exempt from council tax. The only person that could possibly be exempt (for the purpose of DLA) is someone receiving Highest Rate DLA or PIP (Daily Living) or Highest Rate AA and certified by the Dr as severely mentally impaired - I assume you are not.John wrote:I do not think that is necessarily the case, but if the only income of the family unit is DLA, then I suspect that full CTB would be paid. Under the new Council-determined CTB rules that came into force on 01.03.13, it is totally possible that 100% CTB might still be possible, but that might still depend upon family income.i think people on DLA are exempt from council tax
Well when your wife arrives you should go to your local CAB to see what affect her moving in will have. Like I say you'll more than likely lose benefit but if that's not an issue (I assume she'll be your primary carer) then that's good. You just need to make sure all the agencies that need to be informed are aware that she is subject to immigration control.wunderboy wrote:no idea not making sense to me im not fussed about being charged anything im just wanting to do the right thing thats all there always pros and cons but in the end what is most important is getting my wife here first then dealing with this its a shame i maybe penalised as i need alot of help and shes a good person who knows i need help
the problem is complex for a normal CAB person seemingly they have little timeD4109125 wrote:Well when your wife arrives you should go to your local CAB to see what affect her moving in will have. Like I say you'll more than likely lose benefit but if that's not an issue (I assume she'll be your primary carer) then that's good. You just need to make sure all the agencies that need to be informed are aware that she is subject to immigration control.wunderboy wrote:no idea not making sense to me im not fussed about being charged anything im just wanting to do the right thing thats all there always pros and cons but in the end what is most important is getting my wife here first then dealing with this its a shame i maybe penalised as i need alot of help and shes a good person who knows i need help
The advice needs to be from a welfare rights specialist that's why they'll not have the time (lots of legal aid advisors lost funding). You could try your local welfare rights. I've highlighted the main areas but to give you accurate advice the advisor needs to be able to see all your paperwork and have an accurate understanding of your household situation - who is living there etc....wunderboy wrote:the problem is complex for a normal CAB person seemingly they have little timeD4109125 wrote:Well when your wife arrives you should go to your local CAB to see what affect her moving in will have. Like I say you'll more than likely lose benefit but if that's not an issue (I assume she'll be your primary carer) then that's good. You just need to make sure all the agencies that need to be informed are aware that she is subject to immigration control.wunderboy wrote:no idea not making sense to me im not fussed about being charged anything im just wanting to do the right thing thats all there always pros and cons but in the end what is most important is getting my wife here first then dealing with this its a shame i maybe penalised as i need alot of help and shes a good person who knows i need help
