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Do you HAVE to use adequate maintenance if you receive DLA?

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lightdog
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Posts: 8
Joined: Thu Jul 27, 2017 9:52 pm

Do you HAVE to use adequate maintenance if you receive DLA?

Post by lightdog » Thu Jul 27, 2017 10:20 pm

Hello everyone,

Bit of a strange one for you, so I'll provide some context.

I'm in receipt of DLA and we applied for my wife's spouse visa under the adequate maintenance rules in may '15.

Up until a couple of months ago, I was making around £40,000/year which made renting our flat at £1248 + £116 CTax per month viable under the adequate maintenance calculations.

The company went under in May, and from June I've been making £13/hour for 35 hours per week for a total take-home of around £300 on average, or about £23,600/year. I'm still looking for a better job, but I'm curious as to whether having gotten myself into the rather unfortunate situation of meeting the standard minimum income threshold of £18,600 but failing to meet adequate maintenance will result in a rejected application as things stand right now?

The question is really twofold:

1) If one is in receipt of one of the listed 'adequate maintenance benefits' and meets the minimum income threshold but fails to meet the adequate maintenance calculation of A-B > C, does this result in failure, or does one revert to qualifying as meeting the 'mainstream' income threshold? And would cancelling my DLA now before the application in November solve this situation if there is no reversion?

2) If I were to, say, secure a second job bringing in around £100 a week, am I correct in assuming that under the rules for adequate maintenance they'd average the income from the two jobs separately before adding the 'current' weekly income? (5 months of one job + 2 months of the other?)

Apologies for the barrage of questions: we were pretty sure we had all of this sorted before the vagaries of modern life got in the way.

Thanks in advance.

lightdog
Newly Registered
Posts: 8
Joined: Thu Jul 27, 2017 9:52 pm

Re: Do you HAVE to use adequate maintenance if you receive D

Post by lightdog » Sun Jul 30, 2017 12:34 am

*bump*

Anybody? :)

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