Recourse to public funds?

This is a little vague, so I'd like to know if anyone could answer a few questions please?

When my girlfriend and her two sons eventually join me here in the UK, my salary will be a little stretched with paying rent, council tax, water, electricity, gas, food etc etc etc.

Would I be able to apply for housing benefit to help with housing costs, Family Tax Credit to help with the costs of a family and all the rest of the things that go with it, Council Tax Rebate etc, or does the "no recourse to public funds" draw a big red line under this? I was under the impression that because the rent and all the bills will be in my name only, that I would be the one drawing the public funds, NOT my girlfriend.

Am I right or wrong here?

Hi Spud,

When I first moved over here my husband was still caring for his younger brother. He needed to be on carer's allowance and income support for several months. We called the Home Office to ask about how it might affect me when I went to apply for ILR. They told us that it was fine as long as I was not benefiting from it.

You might want to give someone a call and ask them about specific benefits but I know I've read posts from people who applied for visas while their fiance/spouse was receiving housing benefits and they got them. I don't know how living in a house with someone who is receiving housing benefits is not benefiting from it yourself so I don't really know what their definition is. Anyway, when we called the Home Office it was a quick phone call and they were friendly so you might want to try that.

your spouse needs to be able to support both herself AND her dependents w/o recourse to public funds.  that's the bottom line. 

YOU are entitled to whatever public funds you qualify for.  BUT, be aware of this:  when you marry, any and all applications you complete for public funds must include your spouse's details.  government is catching on - i helped SIL complete a housing benefit form, and the form now specifically asks for the nationality of all applicants and dependents.  if an applicant is not British, it asks how long they've been in the UK and details that the HOme Office may need to be contacted. 

The most recent Tax Credit forms I filled out also ask this, especially now as Working Tax Credit is being directly administered from the IR.

all applicants also need an NI number.

I am not sure you can claim child tax credit if the children are not yours ...

specifically asks for the nationality of all applicants and dependents.  if an applicant is not British, it asks how long they've been in the UK and details that the HOme Office may need to be contacted. 

If they catch somebody, they add another year to their FLR.  Plus the application fee of £365 or £500 goes to pay for FLR and not ILR...

I am not sure you can claim child tax credit if the children are not yours ...

I think you can as long as you are the main carer for the children.  But I don't think he can in this situation because the mother would have to claim it and she cannot claim public funds.

I am not sure you can claim child tax credit if the children are not yours ...

That is what my DH was told in regards to my son.

Claiming more housing benefit or larger home to accommodate non-eligible applicants, however, is probably a no-go.  Our council, at least, has definitely cottoned onto this.

Ditto Working Tax Credits.  The IR has completely taken this over - payments are no longer issued from the employer and then reimbursed by the IR, they're paid directly from the IR - and trust me, they're keeping a much tighter reign on this, especially given the £2b in errors they made on tax credit payouts.

And yes, the main carer is the one who claims for Child Tax Credit.  My British spouse is the main carer for our children and he claims Child Tax Credit on them.  The award is in his name and NI number.

I reiterate expat’s words. I know that even after I had my ILR and we had kids, I wouldn’t have been able to claim any benefits whatsoever: housing, child, working tax, etc. BUT dh could’ve since he’s the UK citizen. Now, however, I would be able to since I am as well. If the kids aren’t yours, you cannot claim any benefits for them.

If still in doubt, ring the Inland Revenue, etc for confirmation.

I reiterate expat’s words. I know that even after I had my ILR and we had kids, I wouldn’t have been able to claim any benefits whatsoever: housing, child, working tax, etc.

After you have ILR you can claim whatever benefit you qualify for.  Your kids will be British nationals, they are eligible for any and all benefits for which they qualify.

It's only those on visas w/time resrictions - with some exceptions, of course - who are generally ineligible to access public funds.

This is 1 of the things i had to call the Home Office about.

I asked them about recourse to public funds and told them (theoretically) that my Husband would soon be joining me on a husband visa and i was wondering how it would affect the help i get from public funds as im on the lower bracket of income and receive housing benefit and working tax credit and help with my childcare costs.
The lady on the phone told me that i would still be entitled to claim them just as long as i didnt claim anything that would be to help support my husband.

To call the UK-Visa enquiry line you should be prepared to call and call and call until you eventually get through.
Thier number is 020 7008 8438

The lady on the phone told me that i would still be entitled to claim them just as long as i didnt claim anything that would be to help support my husband.

yep!  as long as a british national is not trying to claim extra public funds in order to help support a person who is ineligible for recourse to public funds, it's all tickity boo.

My husband was able to claim child benefit for my sons as soon as we were married. We spoke to the IR and they said it could be done in his name only.

Same here, Pebbles.  But that was quite a while ago for us.  I don't know if the rules have changed.

Do child tax credits or child benefit depend on income?