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Topic: ILR and benefits  (Read 2173 times)

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ILR and benefits
« on: June 04, 2006, 05:46:09 PM »
In the next few months my DH and I are going to be in a difficult financial situation. To make a long story short he (UK citizen) is a funded PhD student. However, like most PhD students, he won't finish in 3 years and the money runs out. Working full time is not an option as he'd never finish the darn thing if he did. So he plans on applying for whatever benefits he is entitled to. On top of that, I am on maternity leave which is now less than half my original take home pay.

I am eligible for ILR in July. DH wants to apply immediately for any benefit I may then be entitled to. I'm uncomfortable with this because 1) while I think social benefits are a good thing, the middle class American in me finds it all very bizarre - but more importantly 2) I'm concerned that applying for benefits so soon after getting ILR is not only really scrappy, but potentially problematic with the HO. Is there a waiting period after getting ILR?

I guess I should mention that another option is me going to live in the US with my mother while he finishes his PhD - an option that is as problematic as claiming benefits left and right. So, if you can offer me useful advice on ILR and claiming benefits, please do but don't turn this thread into personal commentary on what our situation is as it's quite complex and I've only given out what I consider pertinent info.

I don't want to claim benefits but I  also don't want to be separated from my husband for 6+ months. TIA.
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When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life. ~ John Lennon

Re: ILR and benefits
« Reply #1 on: June 04, 2006, 05:56:01 PM »
you can get child tax credit, housing/council tax benefit, and working tax credit if your employer is contributing to your maternity pay - and you're not just maternity allowance.  all these are means tested.

child benefit is not means tested, however.

any loans your husband receives count as income.

you apply jointly for everything as you are a couple.
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Re: ILR and benefits
« Reply #2 on: June 04, 2006, 06:00:53 PM »
My employer is contributing to my maternity pay. DH doesnt' have a loan - he has a scholarship which just runs out too soon. He has already applied for Child Benefit.
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When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life. ~ John Lennon

Re: ILR and benefits
« Reply #3 on: June 04, 2006, 06:15:18 PM »
He can apply for Child Tax Credit right now if he is in fact, the child's primary care giver.

Then, when you get ILR, you apply for Working Tax Credit. 

It might get a little cockced up, b/c you'll have to re apply entirely since all tax credits are determined jointly, and in the interim they'll stop paying you till it's sorted, so be prepared for that.

As for housing benefit, it varies by council, but ours actually asks immigration status for both applicants if applying jointly.
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Re: ILR and benefits
« Reply #4 on: June 04, 2006, 06:25:55 PM »
How do they determine primary care giving? Obviously I'm on maternity leave now so the primary carer at this time, but if I did go back to work (in October) who would be? We'd have to do some sort of daycare if I go back to work as he can't watch the baby all day AND finish his PhD. And then of course, daycare means the bulk of my wages get eaten up anyway.

I don't think he can claim Child Tax Credit since technically, he's not working. I'll have to ask him though because it's all very confusing to me!

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When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life. ~ John Lennon

Re: ILR and benefits
« Reply #5 on: June 04, 2006, 06:39:52 PM »
sure he can claim Child Tax Credit - people on income support get it.  He's a Brit and the child is a Brit.  Andrew claimed it when he stayed home to look after Aillidh.

It's Working Tax Credit you have to be working to claim, and it tops out at about £14,500/pa - yes, that is gross and yes that is joint income.

Child Tax Credit is higher if your child is looked after by a registered childminder.
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Re: ILR and benefits
« Reply #6 on: June 05, 2006, 12:28:21 PM »
Quote from: expat_in_scotland on June 04, 2006, 06:39:52 PM
sure he can claim Child Tax Credit - people on income support get it.

You're right. It's working tax credit he can't claim. He has a Uni library job but doesn't work enough hours to qualify.

So is anyone aware though if we need to wait a few months after I get ILR (assuming I do!) before I claim anything?
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When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life. ~ John Lennon

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Re: ILR and benefits
« Reply #7 on: June 05, 2006, 12:33:14 PM »
No you don't.  Claim the next day if you want.

Vicky
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Re: ILR and benefits
« Reply #8 on: June 05, 2006, 12:38:57 PM »
Thanks Vicky! We're still weighing all our options. Yesterday it looked like I'd stay here. Today we're leaning towards me going to the States... one of these days we'll make a decision!
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When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life. ~ John Lennon

Re: ILR and benefits
« Reply #9 on: June 05, 2006, 12:53:06 PM »
Quote from: balmerhon on June 05, 2006, 12:28:21 PM
You're right. It's working tax credit he can't claim. He has a Uni library job but doesn't work enough hours to qualify.

Yep, it's 16 hours+/week he'd need to be working to claim it.  But he can claim Child Tax Credit right now.
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Re: ILR and benefits
« Reply #10 on: June 05, 2006, 12:59:02 PM »
Quote from: balmerhon on June 05, 2006, 12:38:57 PM
Thanks Vicky! We're still weighing all our options. Yesterday it looked like I'd stay here. Today we're leaning towards me going to the States... one of these days we'll make a decision!

Would going home for six months affect your IRL in anyway?  Just something to think about as well.  Good luck :)
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Re: ILR and benefits
« Reply #11 on: June 05, 2006, 01:04:34 PM »
Quote from: Uber_Yank on June 05, 2006, 12:59:02 PM
Would going home for six months affect your IRL in anyway? Just something to think about as well. Good luck :)

Yeah, we need to look at that. What I didn't make clear though is that DH is job hunting in both the US and UK (post docs). So ideally, we won't commit to the US until we know he can't get a job he wants over here.
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When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life. ~ John Lennon

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