Claiming Benefits while Spouse ILR due in 6 Months.

[BCMN1]

I applied for ILR in July 2012 and 3 weeks after applying I lost my job. I was granted ILR in Feb 2013, 7 months after applying and been jobless for all this period until now.

I had lost golden opportunities due to the fact I didn't have confirm status in the country and no passport, most recently a job offer as Team Leader was withdrawn for the same reason.

Soon after getting ILR I applied for Job Seeker's Allowance, Housing Benefits, Child Tax Credit and Child Benefit. My savings pot is near to empty as I have been dipping into it for the last 9 months.

My wife's ILR is due on 5 Oct 2013, I would like to clarify; will Job Seeker's Allowance(started) and Housing Benefits(which is yet to start) can affect my wife's ILR application?

If 'Yes', Can I make a stand on delayed decision on my ILR application due to which I, either could not apply for jobs or was refused employment?

I'll appreciate senior members guidance in this matter.

Thanks.

[Amber]

I applied for ILR in July 2012 and 3 weeks after applying I lost my job. I was granted ILR in Feb 2013, 7 months after applying and been jobless for all this period until now.

I had lost golden opportunities due to the fact I didn't have confirm status in the country and no passport, most recently a job offer as Team Leader was withdrawn for the same reason.

Soon after getting ILR I applied for Job Seeker's Allowance, Housing Benefits, Child Tax Credit and Child Benefit. My savings pot is near to empty as I have been dipping into it for the last 9 months.

My wife's ILR is due on 5 Oct 2013, I would like to clarify; will Job Seeker's Allowance(started) and Housing Benefits(which is yet to start) can affect my wife's ILR application?

If 'Yes', Can I make a stand on delayed decision on my ILR application due to which I, either could not apply for jobs or was refused employment?

I'll appreciate senior members guidance in this matter.

Thanks.

You need to check whether your job seeker's allowance is being paid at a single person or couple rate. It needs to be a single person payment but they need to know you're a couple and your wife is subject to immigration control. The housing benefit/council tax reduction is a tricky one the reason is there is no provision to pay at a single person rate when you're a couple where one is subject to immigration control. The housing benefit and council tax reduction must be paid at a single person rate as to avoid breaching the no recourse to public funds attachment that your wife has.

[BCMN1]

Dear Amber,

Many Thanks for your reply.

I have just double checked with Job Centre, that my JSA is at single person rate and it is contribution based.

Upon claiming JSA for the very first time, Job centre staff did take photo copies of my and my wife's passports and Bio id cards, so they are aware of the fact that we are a couple.

One thing which doesn't seems right that I started to receive £71.**/week JSA. I signed off last month and went abroad, when I came back I did a rapid reclaim for JSA and Housing benefit. I received a 2nd letter from JSA which says:

You will get £111.45 a week

On the last page of the letter it is mentioned:

How much money the law says you need to live on each week £112.55

Living expenses for you and your partner £112.55

Which confirms that we are a couple but JSA staff said over the telephone that I am only entitled to £71.**/week. Which is contradictory to the letter I have received!!!!

As per my understand of the post by John:

http://www.immigrationboards.com/viewtopic.php?t=26916

If it was contribution-based JSA, then that is not within the definition of Public Funds, so absolutely no problem you claiming whatever amount, including increase for your wife.

My JSA is not classified as public funds?

Secondly my housing benefit has not started yet. I live with my wife and children therefore it will be paid as a joint claim.

Please Advise.

[vinny]

Public funds do not include benefits that are based on National Insurance contributions. National Insurance is paid in the same way as income tax and is based on earnings. Benefits to which a person is entitled as a result of National Insurance contributions include:

contribution-based jobseeker's allowance;

See also Detailed Public Funds guidance and rules before 9th july 2012.

[Amber]

Dear Amber,

Many Thanks for your reply.

I have just double checked with Job Centre, that my JSA is at single person rate and it is contribution based.

Upon claiming JSA for the very first time, Job centre staff did take photo copies of my and my wife's passports and Bio id cards, so they are aware of the fact that we are a couple.

One thing which doesn't seems right that I started to receive £71.**/week JSA. I signed off last month and went abroad, when I came back I did a rapid reclaim for JSA and Housing benefit. I received a 2nd letter from JSA which says:

You will get £111.45 a week

On the last page of the letter it is mentioned:

How much money the law says you need to live on each week £112.55

Living expenses for you and your partner £112.55

Which confirms that we are a couple but JSA staff said over the telephone that I am only entitled to £71.**/week. Which is contradictory to the letter I have received!!!!

As per my understand of the post by John:

http://www.immigrationboards.com/viewtopic.php?t=26916

If it was contribution-based JSA, then that is not within the definition of Public Funds, so absolutely no problem you claiming whatever amount, including increase for your wife.

My JSA is not classified as public funds?

Secondly my housing benefit has not started yet. I live with my wife and children therefore it will be paid as a joint claim.

Please Advise.

I do not agree with this. I shall explain why. When you claim JSA the DWP automatically check entitlement to JSA-C (contribution based) first. If you are entitled to JSA-C this will be paid for a maximum of 6 months after which the claim will be means tested (JSA-IB - JSA income based). Now the issue is that JSA-C can not be paid at more than a single person rate. If you are part of a couple you may receive an additional amount taking the total JSA up to the couple rate. However, this will be made of two components the single person JSA-C plus an additional amount of JSA-IB as you are part of a couple.

As JSA-IB is classed as a public fund this additional amount because you are part of a couple will arguably breach your partner's immigration restriction (no recourse to public funds). But for your partner being on the claim you would not receive JSA-IB thus you would not receive the public fund. If contribution based JSA made up all the amount you received then there would not be an issue. However, as the JSA-C is topped up with Income Based JSA this would breach the no recourse to public funds. Therefore, you should ensure that only the single person JSA-C or single person JSA-IB (after 6 months) is paid (£71.70 per week would be correct unless you are entitled to the carer or disability premium(s)).

Regarding Housing Benefit, yes the claim must be a joint one but you must ensure that the applicable amount does not include an amount because you are a couple. As you have children you should be entitled to more LHA (which is some good point).

[BCMN1]

Dear Amber,

Thanks a lot once again for your point, which I'll sure keep in mind.

Regards.


Dear Vinney,

Doesn't these two statements contradict?

Copied from: http://www.immigrationboards.com/viewtopic.php?t=26916

Tax Credits! Absolutely no problem you and your wife submitting joint claims for Tax Credits, either in the past or now. The legislation .... reg 3(2), Tax Credits (Immigration) Regulations 2003, as reinforced by Rule 6B of the Immigration Rules .... states that where one of the couple is a person subject to immigration control (your wife) and the other of the couple is not (you) then for Tax Credits purposes only both are treated as not subject to immigration control .... and thus Tax Credits claims are totally OK, and for such a couple technically Tax Credits are not within the definition of Public Funds.

You do not mention Child Benefit. Is CB being claimed? You (and certainly not your wife) is totally OK to claim CB, and if a claim has not been submitted then it should be submitted without delay.

With,

Copies from: http://www.ukba.homeoffice.gov.uk/sitec ... ew=Binary

Immigration Rules Paragraph 6 of the Immigration Rules (see related link) defines benefits considered as public funds for the purpose of the Immigration Rules.

The following benefits and forms of support count as public funds:
 Attendance allowance
 Carers allowance
 Child benefit
 Child tax credit
 Council tax benefit
 Council tax reduction
 Disability living allowance
 Housing and homelessness assistance
Housing benefit
 Income-based jobseeker’s allowance
 Income related employment & support allowance – ESA (IR)
 Income support
 Personal independence payment
 Severe disablement allowance
 Social fund payment
 State pension credit
 Universal credit
 Working tax credit.

Where above it clearly states; child benefits, child tax credit and working tax credit are public funds. And the case worker will follow these rules.

While Home Office is the issuing authority of ILR, will they they not uphold their own law?

It is complicated as not every person working at PEO's is fully trained, who has a full knowledge of not only immigration rules but also Tax and benefit rules.


I'll appreciate your valuable comments.