"Support yourselves without help from public funds"

I was just reading the requirements to get a spouse visa from outside the UK and one of them said "you can support yourselves and any dependants without help from public funds". Now I understand that means that I can't apply or get any public funds, but does it apply to my husband (he's a british citizen) as well? He is disabled and can't work so he's been living off of disability living allowance and incapacity benefits. Would he have to stop getting those?

No, but he can't get more just because you are now living with him. 

There are many many threads on this topic if you do a search to "public funds".  Basically, your husband can continue to collect all benefits to which he is entitled independent of you.  He just cannot collect any additional benefits because of you and as you said, you cannot collect any benefits at all (minus use of the NHS).

I should add that if you guys are receiving Child Benefit and/or Child Tax Credit/Working Tax Credit, they must be awarded to your husband (in his name). He is still entitled to those as well because of your daughter. When we did the application, we had to include my information, but I do believe there may have been a box to check or something that asked if either of us were 'subject to immigration control' which I still am until I receive my ILR.

I should add that if you guys are receiving Child Benefit and/or Child Tax Credit/Working Tax Credit, they must be awarded to your husband (in his name). He is still entitled to those as well because of your daughter. When we did the application, we had to include my information, but I do believe there may have been a box to check or something that asked if either of us were 'subject to immigration control' which I still am until I receive my ILR.

Oh thanks for mentioning that! He applied for tax credits a few months ago and said he had to include me on it, but he didn't mention if he said I was subject to immigration control (he did it over the phone). It hasn't gone through anyway since I don't have a NI number, now I can just tell him to call them up and check that box! I'll have to have him read this too because he keeps trying to convince me that it's ok to put me on things since it's in his name, but I tell him no because I can't get benefits!

I'll have to have him read this too because he keeps trying to convince me that it's ok to put me on things since it's in his name, but I tell him no because I can't get benefits!

Thats exactly right.  And if you do not make it clear to any authority that you cannot accept the benefits, and you are given them, it will  be seen as YOUR fault that you've breached the terms of your visa and can cause you some serious trouble down the line.   Got that Kalah's husband?

So now we know he's got extra for me can we just let them know and pay back what we've got for me. Then will I still get in trouble for it or will it be alright?

So now we know he's got extra for me can we just let them know and pay back what we've got for me. Then will I still get in trouble for it or will it be alright?

What has he gotten where he has received extra for you? His own benefit or the tax credits?

What has he gotten where he has received extra for you? His own benefit or the tax credits?

his own benefit, we haven't got tax credits yet

Kalah, I've had the same problem when my husband claimed benefits after losing his job. He put me down and told them three times that we should only be recieving benefits for a single claim as I'm under immig control. They still sent us double! I've been advised to write a letter with the claim number and ask for a repayment plan. You won't be in trouble if you pay back the extra money.

On any claims made by the Brit, they have to tell them about their partner (benefit fraud if they don't) but they have to make it clear that the partner has no recourse to public funds.  

Once the welfare award is made, it is up to the claiment and their partner to ensure that it is correct, to make sure there are no overpayments and that visas are not breached.

Welfare is changing now away, so what you claim now, you may not get in the future.

So now we know he's got extra for me can we just let them know and pay back what we've got for me. Then will I still get in trouble for it or will it be alright?

When the award letter comes, phone and write by signed for mail (so you have evidence) to tell them you have no recourse to public funds. He did the correct thing telling them you were his partner, but he now needs to correct the award. Do not let them give any money for you and keep writing if you have to, enclosing  UKBA visa guidelines if needs be. Put any overpayments in an account and enjoy what little interest you can earn, until they ask for the funds back.

They still sent us double! I've been advised to write a letter with the claim number and ask for a repayment plan.  

I wonder if it might be better to pay all the overpayments back in one go, instead of a repayment plan: to show you didn't use public funds? You did the right thing by telling them you shouldn't have the money, but I'm not sure how well it will go down if you then spend it when you knew your visa didn't allow it? Perhaps someone like weby can advise on the visa side of things?

He is disabled and can't work so he's been living off of disability living allowance and incapacity benefits. Would he have to stop getting those?

I forgot to answer this bit. When claiming benefits, all changes have to be reported, even if it doesn't change his entitlement to benefits. So yes, he has to tell them that you are his partner. If he doesn't tell them, a neighbour will.

I forgot to answer this bit. When claiming benefits, all changes have to be reported, even if it doesn't change his entitlement to benefits. So yes, he has to tell them that you are his partner. If he doesn't tell them, a neighbour will.

Umm..  I dont think she asked if he has to disclose that he has a partner.  What she asked was if her husband will have to stop claiming benefits to which he is currently entitled and the answer to that Kalah, is no.