Help! ILR Application. Wife mistakingly given Benefits.

[sizzlinmo]

Hi,

My wife is due for her ILR interview in a couple of weeks. The situation with our application is somewhat complicated so I wont go into it until I've covered my main area of concern first.

About 1.5 years into her time in the UK my wife and I ran into financial difficulty and I, having only a part time job to support us on applied for Housing and Council Tax benefit. At the time I was told that all such applications by a married couple were required by law to be filled in jointly and so I filled in the forms as a joint application. Shortly afterwards, feering my wifes immigration status being threatened due to the NO RECOURSE TO PUBLIC FUNDS clause as part of her 2 year settlement visa I sumbitted a letter to my local council in person in which I outlined specificly that I wished no benefits to be granted in the name of my wife and for my applications to be dealt with on a single basis for me only. Despite this, the benefits officer assured me that benefits would only be granted to my wife in the case that we was entitled to them and since she wasn't only those who were (me) would be taken into account.

Consequently the government granted me full housing stating on the form that we were a couple with at least one person between 18 and 65.

In addition I was granted full council tax benefit but with a 25% single person discount (meaning that my wife had not been taken into consideration as a recipient)

Therefore I had no reason to think that the benefits we were recieving were directed at anyone but myself.

BUT, when I enquired at my local city council today I was told that despite my written request and my wife's obvious immigration status (they have copies of her passport) her name was on our claim for housing benefit and she had indeed been in reciept of said benefit.

Well, needless to say, with her appointment drawing dangerously close this has gotten us very worried. Which leads me to my call for help.

My questions are:
a) How will this situation bode for her application?
b) Can I opt to pay back any benefits payed on my wifes behalf and having done so, would her claim for housing benefit still be reflected in government records - give us trouble at the interview.

[sizzlinmo]

Is there anybody qualified to answer my question?

[olisun]

Is there anybody qualified to answer my question?

Do you expect free immigration advice on a forum???

[sizzlinmo]

Is there anybody qualified to answer my question?

Do you expect free immigration advice on a forum???

No. Admittedly, I misused the term qualified.

What I actually meant was "Is there anybody with experience with something like this? Someone who could give me some guidance?"

I don't know where I stand with an ILR application at the moment as a result of the above situation so I'd very much appreciate any help I can get.

[nemo.]

Best to ask a lawyer surely? I do remember on another forum a discussion regarding "child benefit". It did seem that if a foriegn spouse received this then that was counted as recourse to public funds! Rather harsh I think considering the benefit is really for the child (which would be British)

I do presume that therefore you are "in it up to the neck" BUT you should consult one of those friendly imi advice agencies / lawyers (IAS ?)

Is there anybody qualified to answer my question?

Do you expect free immigration advice on a forum???

No. Admittedly, I misused the term qualified.

What I actually meant was "Is there anybody with experience with something like this? Someone who could give me some guidance?"

I don't know where I stand with an ILR application at the moment as a result of the above situation so I'd very much appreciate any help I can get.

[nemo.]

Best to ask a lawyer surely? I do remember on another forum a discussion regarding "child benefit". It did seem that if a foriegn spouse received this then that was counted as recourse to public funds! Rather harsh I think considering the benefit is really for the child (which would be British)

I do presume that therefore you are "in it up to the neck" BUT you should consult one of those friendly imi advice agencies / lawyers (IAS ?)

Is there anybody qualified to answer my question?

Do you expect free immigration advice on a forum???

No. Admittedly, I misused the term qualified.

What I actually meant was "Is there anybody with experience with something like this? Someone who could give me some guidance?"

I don't know where I stand with an ILR application at the moment as a result of the above situation so I'd very much appreciate any help I can get.

[nemo.]

Best to ask a lawyer surely? I do remember on another forum a discussion regarding "child benefit". It did seem that if a foriegn spouse received this then that was counted as recourse to public funds! Rather harsh I think considering the benefit is really for the child (which would be British)

I do presume that therefore you are "in it up to the neck" BUT you should consult one of those friendly imi advice agencies / lawyers (IAS ?)

Is there anybody qualified to answer my question?

Do you expect free immigration advice on a forum???

No. Admittedly, I misused the term qualified.

What I actually meant was "Is there anybody with experience with something like this? Someone who could give me some guidance?"

I don't know where I stand with an ILR application at the moment as a result of the above situation so I'd very much appreciate any help I can get.

[nemo.]

Best to ask a lawyer surely? I do remember on another forum a discussion regarding "child benefit". It did seem that if a foriegn spouse received this then that was counted as recourse to public funds! Rather harsh I think considering the benefit is really for the child (which would be British)

I do presume that therefore you are "in it up to the neck" BUT you should consult one of those friendly imi advice agencies / lawyers (IAS ?)

Is there anybody qualified to answer my question?

Do you expect free immigration advice on a forum???

No. Admittedly, I misused the term qualified.

What I actually meant was "Is there anybody with experience with something like this? Someone who could give me some guidance?"

I don't know where I stand with an ILR application at the moment as a result of the above situation so I'd very much appreciate any help I can get.

[sizzlinmo]

Well, after a little help from a very friendly benefits officer I was told that my wife, although on my claim by name, has not been given any benefits afterall . Thank God for that.

[London coool]

As an insider, no one would have bothered to carry out benefit checks on your wife so far as all the supporting documents have been submitted.

[John]

Well, after a little help from a very friendly benefits officer I was told that my wife, although on my claim by name, has not been given any benefits afterall

That is good, but I still don't understand :-

In addition I was granted full council tax benefit but with a 25% single person discount (meaning that my wife had not been taken into consideration as a recipient)

-: unless, for example, your wife is a full-time student?

[sizzlinmo]

Well, after a little help from a very friendly benefits officer I was told that my wife, although on my claim by name, has not been given any benefits afterall

That is good, but I still don't understand :-

In addition I was granted full council tax benefit but with a 25% single person discount (meaning that my wife had not been taken into consideration as a recipient)

-: unless, for example, your wife is a full-time student?

Thing is, my housing benefit documents stated that benefits were being granted to us as a couple but my council tax benefit documents had me down as a single claimant.

Why so? I have no idea. Maybe it has to do with the recent computerisaton of the system.

[John]

As regards the Council Tax reduction, I think you need to write to the Finance Department at your Local Authority and point out that you are not entitled to the 25% discount ....... assuming of course that your wife is not a full-time student.

[sizzlinmo]

assuming of course that your wife is not a full-time student.

..which she is.

[John]

Shame you did not say that earlier! Any full-time student is not a "counting adult" for Council Tax purposes, and accordingly if the only two adults living in the place are yourself and your wife, well there would appear to be just one "counting adult" in the place .... you .... which explains why you are legally able to get the 25% Council Tax discount.

As and when your wife ceases to be a full-time student you must of course tell the Council, and the 25% discount will promptly cease.