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.
With,
Copied from: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Immigration Rules Paragraph 6 of the Immigration Rules defines benefits considered as public funds for the purpose of the Immigration Rules.
Where above it clearly states; Housing benefit, child benefit, child tax credit and working tax credit are public funds. And the case worker will follow these rules. Currently I am claiming all of these due to the being on a training position for the last 3 months with a low income.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.
My wife now qualifies for ILR(pre 9 July 2012 rules)after spending 2 years as my spouse(part under section 319AA[tier 4 dependant] and part ILR spouse). Does paragraph 6B covers all these benefits as they will not increase by a penny even if my wife get ILR?
While Home Office is the issuing authority of ILR, will they they not uphold their own policies?
It is complicated as not every person working at PEO's is fully trained, who has the full knowledge of not only immigration rules but also Tax and benefit rules.
I'll appreciate your valuable comments.
Thanks.