Husband claiming any benefit in the UK?

Hi all... Been awhile since I've been here. We finally got my visa through and moved over to the UK at the beginning of the year. Things haven't worked out exactly as we planned financially and I had a couple of questions... We got knocked back on the disability allowance for our son (he is British but needs to be in the country for at least 104 weeks before they will pay him) I'm aware that I'm not allowed to gain or apply for any benefits etc....as I'm the Aussie. My question is can my hubby? Working tax credits etc? All the forms ask for wife's name and we are uber scared to put my name on anything....can someone shed some light....pleeeease?

With regard to working tax credit, revenuebenefits.org.uk says

Where one member of a couple is subject to immigration control and the other is not, [...] a joint claim can be made and both claimants will be treated as though neither is subject to immigration control. However, the second adult element of WTC will generally not be awarded.

http://www.revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/who-can-claim/

Your husband and child can claim any benefits they are entitled to as UK citizens - it's only you, the visa holder, who cannot claim anything for yourself, which also means your husband cannot claim anything extra because of you (i.e. he can only claim what he is entitled to as a single person and not as part of a couple).

However, as iota said, with things like Working Tax Credits, you do have to put both your names on the form and claim it jointly, but you just won't be entitled to the second adult element of it.

Thank you so much for your replies.... So to dumb it down for me... My husband and children are entitled to claim any benefits available to them.... My name can go on the forms but legally I'm not allowed to be the recipient of any of the payments? Only share in what he legally is entitled to? I'm so scared as this is the first part of my visa and can't apply for ILR for another 25 months, that if I do anything wrong I'll stuff my chance of getting my ILR. Has anyone ever been in this situation before... Ie the partner of someone claiming...that had their name on the forms but it didn't affect their visa...sorry if I sound over precautious!

Thank you so much for your replies.... So to dumb it down for me... My husband and children are entitled to claim any benefits available to them.... My name can go on the forms but legally I'm not allowed to be the recipient of any of the payments? Only share in what he legally is entitled to? I'm so scared as this is the first part of my visa and can't apply for ILR for another 25 months, that if I do anything wrong I'll stuff my chance of getting my ILR. Has anyone ever been in this situation before... Ie the partner of someone claiming...that had their name on the forms but it didn't affect their visa...sorry if I sound over precautious!

No one on the 5 year path has qualified for ILR yet.  We won't have anyone until 2017 (hopefully I'll be one of the first  ).

As long as he doesn't claim EXTRA because of you, you'll be fine (under the current rules).  But you must be listed on the forms.

Will he qualify for tax credits though?  I thought the financial requirements were set at the threshold they are to prevent benefit claims?

In Australia we were able to claim for our son who is autistic.... As soon as we left his benefit was cut....we have been told basically till he has been here for 104 weeks...he is not able to get anything.... We have come over....brought our house...unable to claim anything from AusTralia and not being able to claim anything for him here has meant a struggle... And our Income is slightly lower, (still meets jointly the required level) but we have debt in aust and debt here... (Home loan) .. Well actually our outgoings are slightly higher than we expected. We don't want to claim anything he isn't entitled to... But things are extremely tight at present. We will not do anything if it jeopardises my visa.... I wonder if there is someone in the department that I could talk to...? I was also under the assumption that it's the final 12 months of the 30 month visa that they look at your income etc.... Before you go for the ILR that means anything....so we are hoping things will settle down within the next 6 to 12 months and finances will be sorted by then!

Isn't there children's tax credits he can apply for....? Sorry I really struggle to understand the changes to the public recourse etc over here....both our kids have British and Australian passports.

Isn't there children's tax credits he can apply for....? Sorry I really struggle to understand the changes to the public recourse etc over here....both our kids have British and Australian passports.

Your husband could contact Citizens Advice for information on what he and the children may be entitled to.  Best if he does it, since you're not entitled.  Contact details https://www.citizensadvice.org.uk/about-us/how-we-provide-advice/advice/

Thank you 

I'm so scared as this is the first part of my visa and can't apply for ILR for another 25 months, that if I do anything wrong I'll stuff my chance of getting my ILR.

If you only arrived in the UK in early 2015, you can't apply for ILR (indefinite leave to remain) in 2.5 years from that date. Rather, you must apply for further leave to remain (FLR) for another 2.5 years. Only when you come close (i.e., within 28 days) of completing *that* leave, can you apply for ILR.

If you arrived in early 2015, you won't be able to apply for ILR until late 2019/early 2020 at the very earliest by my rough calculations.

Thanks for that.... I did actually realise it yesterday on here...reading through others posts. So for the whole 5 years I'm unable to be listed on anything basically.... Well my name can be on it but I have no recourse to tax credits... Etc?

Yes, you are not entitled to any public funds until you have ILR.

Not all benefits are considered public funds though - you can claim the NI contribution based ones if you need to.

See here for what counts as public funds and what doesn't:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284160/Public_funds_v12_0EXT.pdf


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Thanks for that.... I did actually realise it yesterday on here...reading through others posts. So for the whole 5 years I'm unable to be listed on anything basically.... Well my name can be on it but I have no recourse to tax credits... Etc?

Your husband should also have claimed Child Benefit after 3 months back in Britain, if his (or your) salary was under about 60k pa.
https://www.gov.uk/child-benefit/overview

BUT
Only his name must be on the Child Benefit claim as this is a public fund and you are subject to immigration control until you have ILR

Despite the confusing name, Tax Credits is an income based benefit and people don't have to be in work to claim this it if they have children and are allowed to claim UK benefits. Although this is a public fund, your Tax Credits claim must be made in both names as your income is used too to calcuate how much your family will be given. If your husband claims Tax Credits as single parent, then he will be committing benefit fraud. Single parents get different things via Tax Credits.

Great up to date link iota for Tax Credits. It's amazing how the Working Tax Credit second adult element has changed over the last few years for those married to a Brit but subject to immgration control. I assume in preparation for the new rules when Tax Credits is replaced by the new benefits, Universal Credit?

Isn't there children's tax credits he can apply for....? Sorry I really struggle to understand the changes to the public recourse etc over here....both our kids have British and Australian passports.

It's all the same claim form. Tax Credit has two elelments: Working Tax Credits and Child Tax Credits and all is based on family income, single or joint claim, whether anyone on the claim is in receipt of the disabailty payments  DLA or PIP, whether both parents work and need childcare help (also based on their income).

i.e. for a couple with 2 children and not in receipt of DLA or PIP and not using childcare. If they jointly earn over about 18k (changing to about 13k from April 2016) then they can't have any Working Tax Credits. If they earn over about 31k (changing to about 26K in April 2016) then they can't have any Child Tax Credits either.

Tax Credits is based on the previous tax years income (6 April to 5 April) but the earnings for the present year is also used, with a 2.5k disregard for a higher or lower income from the previous tax year. They didn't used to count salaries outside the EEA, but not sure if they changed that too.

When you get to grips with the complicated way Tax Credits works -  it is all changing. Tax Credits is one of the income based benefits being relpaced by another benefit, Universal Credit.

Tax Credits was rushed in in 2003 and because of the way it is calculated with just a once yearly claim and based on yearly income, many have found themselves having to pay back thousands even though they kept Tax Credits updated with all their changes. That yearly claiming also means some have to pay that benefit back if a few months later, in the same tax year, they find a better paying job that takes them over the annual Tax Credit limit. 
It's replacement Universal Credit will be monthly claiming, which will help stop the overpayments and will give greater financail support to those who find work. If I understood the recent budget correctly, from April 2017 it seems all working parents will be given financial help with childcare and not just those on low income claiming through Tax Credits.

Thank you it's all so very confusing. Basically I follow the rule that my name goes on everything that it must....but I have to declare I have no recourse to public funds. So my husband will only get paid for his portion.

Thank you it's all so very confusing. Basically I follow the rule that my name goes on everything that it must....but I have to declare I have no recourse to public funds. So my husband will only get paid for his portion.

Not really. You must not take benefits that you are not allowed and the benefits staff aren't immigration experts. It's up to you to comply with your entry requirements and not accept them.

There are loads of posts on forums where their visa to remain has been refused because they took benefits that they were not allowed to apply for or take.
i.e. the midwife gave them the forms and told them to claim child benefit; the council gave them Council Tax Benefits (or what ever they are called now) when they should have paid the single rate of 75% of the council tax bill as one of the couple had no recourse to public funds; they got took the couple rate of Housing Benefit when they should have only taken the single room rate as the Brit was under age 35.

Do not put your name on the child benefit claim. Your husband only claims that.
 
Put your name on the Tax Credits claim as the link given shows you must as your husband isn't a lone parent and can't claim as one, but as said, do not accept the second adult rebate (more benefits for a partner) as you can't take public funds. Have a read of the link iota gave.

If your husband is out of work and claiming JSA, then he can't take the couples rate as you haven't contributed to the UK and you are not allowed public funds.

Despite the fact you can't claim UK benefits, your income affects your husband's claim as income based benefits are based on the household income (both partners income).