Housing associations

Oh Michali, that is so sad. You read that other forum that I do and see all that eye watering amount of deception used to get visas, then the upset when they get caught years later, but couldn't you see how clear it is to UKVI that your husband's was just an error?

Yes, but we do anxiety and paranoia well!

Yes, but we do anxiety and paranoia well!

Resurrecting this as the winter fuel allowance saga goes on! My husband wrote in August reminding DWP that he is not entitled to the WFA and please amend the records accordingly. This is after countless unanswered  letters saying the same, but as the determination for entitlement is made in September each year, we thought a reminder would be a good idea. In October he received a letter saying that the records have been amended accordingly to show he does not want a WFA (want?? He must not get it!!). Today I have received my letter informing me that i will be receiving £100 as there is someone else in my household who is also entitled!

I called DWP but the guy says all we can do is send the money back when my husband gets his similar letter and payment is made! I cannot believe we are going through this again! Hopefully, next year, it won’t happen but I am getting too old for all this stress! We know how HO refuse for all kinds of reasons. Yesterday I heard of an ILR refused before the two passport photos were not physically attached to the application form. Hard to believe but who knows!

Sorry, needed to rant! Sometimes we do everything we can to do the right thing and it still goes wrong!

Resurrecting this as the winter fuel allowance saga goes on! My husband wrote in August reminding DWP that he is not entitled to the WFA and please amend the records accordingly. This is after countless unanswered  letters saying the same, but as the determination for entitlement is made in September each year, we thought a reminder would be a good idea. In October he received a letter saying that the records have been amended accordingly to show he does not want a WFA (want?? He must not get it!!). Today I have received my letter informing me that i will be receiving £100 as there is someone else in my household who is also entitled!

I called DWP but the guy says all we can do is send the money back when my husband gets his similar letter and payment is made! I cannot believe we are going through this again! Hopefully, next year, it won’t happen but I am getting too old for all this stress! We know how HO refuse for all kinds of reasons. Yesterday I heard of an ILR refused before the two passport photos were not physically attached to the application form. Hard to believe but who knows!

Sorry, needed to rant! Sometimes we do everything we can to do the right thing and it still goes wrong!

So sorry that you're having this issue AGAIN! At least you are aware of the procedure now so although it's inconvenient and frustrating, it's not going to cost your husband his visa.

p.s. I don't believe for a minute that the ILR refusal you read about was for that reason! 

So sorry that you're having this issue AGAIN! At least you are aware of the procedure now so although it's inconvenient and frustrating, it's not going to cost your husband his visa.

p.s. I don't believe for a minute that the ILR refusal you read about was for that reason! 

All of this.

And that was soooooo not the reason for the ILR refusal! 

You are doing everything right!!

Thanks so much for the assurances! It caused us so much worry last time, I really don’t want to go through that again.

I know it seems unlikely that was the only reason ILR was refused. Hearsay is a dangerous thing!

Thanks so much for the assurances! It caused us so much worry last time, I really don’t want to go through that again.

The public funds guidelines are quite clear that a visa will not be a refused for taking public funds not allowed if the error is made by the benefits agency, but the money might have to be paid back. You have all your letters and proof of sending, telling them that your husband is subject to immigration control. Any payment not allowed, is their fault. Don't worry.

Thanks Sirius. Reason tells me we should not worry but reason does not always prevail. We have certainly not kept any of the money. Hopefully next year he will not receive the WFA as he had a letter in October acknowledging his from August and at last saying that he will not been receiving any more WFA. Unfortunately it seems to have too late to prevent this years payment. I tried by phone but the guy who answered said it will already be in the system and to just return the payment when it is made. It has taken at least five letters from my husband telling them he is not entitled, to get a response from DWP! I am going to now try and put it out of my mind!

he had a letter in October acknowledging his from August and at last saying that he will not been receiving any more WFA.

Then it's not your problem, so try not to worry.

When he gets his ILR, don't forget to tell the DWP to start his WFA.

It would be nice if DWP had admitted in their letter that the payments had been made in error, especially after my husband told them in letters so often he had not applied for WPA and that he was not entitled to it but their letter  did not suggest any error on their part. The guy on the phone yesterday just found it all rather funny and was more concerned that as my husband is not going to get his share of our WFA, then I should be getting £200! I told him that is the last thing I am worried about!

We are far from applying from ILR but nearer the time and assuming he is not  in fact, sent next years WFA, I will be asking the forum if we should include all our correspondence with DWP, copies of Cheques etc. with our application as we did last year for the PSC.  Or, if he is no longer listed as a recipient of WFA, can we just ignore the issue completely?

We are far from applying from ILR but nearer the time and assuming he is not  in fact, sent next years WFA, I will be asking the forum if we should include all our correspondence with DWP, copies of Cheques etc. with our application as we did last year for the PSC.  Or, if he is no longer listed as a recipient of WFA, can we just ignore the issue completely?

I would send it all regardless. They are all linked up now and UKVI will know that he received it when subject to immigration control. You will want to prove that it was not your fault and that you have returned the money.

I agree! Thanks Larrabee!

It would be nice if DWP had admitted in their letter that the payments had been made in error, especially after my husband told them in letters so often he had not applied for WPA and that he was not entitled to it but their letter  did not suggest any error on their part.

Don't worry about that, you have the proof you need.

The guy on the phone yesterday just found it all rather funny and was more concerned that as my husband is not going to get his share of our WFA, then I should be getting £200! I told him that is the last thing I am worried about!

I think he is correct, that if you "qualify" for the winter fuel payment, then it should all be in your name only and not in the name of your husband. Are they giving £100 to you and trying to give £100 to him?

When you won’t qualify

You won’t qualify if you:

    are in prison for the whole week between 18 to 24 September 2017
    are in hospital getting free treatment for more than a year
    need permission to enter the UK and your granted leave states that you can’t claim public funds
https://www.gov.uk/winter-fuel-payment/eligibility



However, if you were "Born between 25 September 1937 and 5 August 1953" AND "You qualify and live alone (or none of the people you live with qualify)" then they should give you £200. Nothing to your husband as he can't have public funds.
https://www.gov.uk/winter-fuel-payment/what-youll-get

If that fits your circumstances, then you have every right to have that £100 your husband gives back, given to you, as well as the £100 you have already had this year (if you qualify and got that).

You also have a claim for last year too as their error lost you that £100 because they should not have given half of your WFP to your husband, as he can't take public funds (hence why you had to return it).


 

Thanks, Sirius. Yes, I really should have had £200  each year as we returned the payments sent to my husband but I really have no interest. I was actually hoping the Tory plan would have gone through removing WFA to those who do not need it! But that plan was shelved.

There is no way I would claim now. Because of the fiasco, the mere thought of WFA raises my blood pressure! I know I am over thinking but that is how we are!

Then don't worry about the DWP trying to pay your husband. Their error and him returning the money, will not stop his ILR. Your husband didn't claim this benefit money, nor did he keep it and UKVI will be able to see that he is honest. It's the frausters who end up on their way home.