"Support yourselves without help from public funds"

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.

This is wrong information. I think you have got muddled between claiming anything extra for Kalah and how her being in the house might affect the benefits her OH is already claiming. Her partner has to report all changes (such as a partner moving in) and the DWP will decide if her OH can still have his benefits that he is currently claiming. There are many factors that the DWP will use to decide if he can still have those benefits.  It's not just a case of her OH getting the same benefits: he may or he may not.

Kalah, you need to ask the DWP about what he can claim and because the rules are changing, you will need to ask the DWP for their expertise on this. I don't know where the cut off is for the old rules and new rules. I doubt if anyone on here is knowledgeable enough to be able to tell you for sure what he can and can't have in benefits.

Peter is correct on this one. Just because he was getting certain benefits before doesn't mean he will now. Even things such as incapacity CAN be means tested. They were for my husband because he went on incapacity when he was just out of uni and hadn't worked enough yet. Plus things like council tax reduction, etc CAN go away if the home is occupied by someone in addition to the claimant. So I think what Peter is trying to say (sorry if I paraphrase wrongly) is that there are a few issues imbedded in this one:

No 1 - He as to make sure to tell jobcentre about her. Someone COULD assume that it would be better not to inform them as 'nothing will change' and there will be no risk in 'accidentally' being given wrong benefits. But this is a false assumption. You MUST inform them - and they will work out what he STILL gets. This may not be as much as he was getting before.

No 2 - He cannot get more because of her. So double check who is getting paid what and in what ammounts.


Also - I would like to add that havingbeen in receipt of benefits even 'accidentally' (even if you repaid them) would be likely to delay future applications because they are no longer 'straightforward'. I think its best to just do everything you can to avoid any 'accidents'. If I am wrong on this one, I am sure Weby will be by and point it out.

Well there are a few issues with the OP's situation.

First she's 19 and a visitor in the UK so she's not entitled to ANYTHING including NHS. At this point there is a pending FLR(M) application but that will fail on two points: that she's under 21 and the 'no switching rule', what they'll also look at is breaches of immigration rules while in the UK and that is where the NHS usage and that she is included on benefits claims - yes by benefits rules she has to be as the partner BUT she's not entitled to ANYTHING (she's basically a non person) because of her immigration status as a visitor. Now this would be different if she acutally held a spouse visa or FLR(M) since there are certian benefits (such as tax credits & child benefit) that those types of people can receive as the spouse of a British Citizen, but at this point it's a moot case because of her visitor status. Use of NHS & Benefits can be used as additional reasons for refusal as well under section 320(11).

It would be in the OP's best interests to make sure that all benefits paid on her behalf & all the NHS services that she's received are repaid ASAP in order to have a reasonable expectation to receive a visa in the future once she is eligible age wise.

Weby, what happens in the case of people who are a partner on a claim but ticked the box that said "under immigration control" and still got benefits? If everything is paid back before applying for a different visa, they won't be in trouble right?

Weby, what happens in the case of people who are a partner on a claim but ticked the box that said "under immigration control" and still got benefits? If everything is paid back before applying for a different visa, they won't be in trouble right?

As long as they can provide documentation that they did what you were supposed to by declaring that they were under immigration control and have proof that all the benefits paid to the ineligible person were repaid then there probably won't be an issue. It will probably throw up some flags and will require additional processing time as it most likely wouldn't be considered 'straightforward' any longer but I'm fairly certian that is all.

Remember that this is all for the family path visas and any other visas probably wouldn't be given then chance to 'make it right' and the discretion as family visas do.

As long as they can provide documentation that they did what you were supposed to by declaring that they were under immigration control and have proof that all the benefits paid to the ineligible person were repaid then there probably won't be an issue. It will probably throw up some flags and will require additional processing time as it most likely wouldn't be considered 'straightforward' any longer but I'm fairly certian that is all.

Remember that this is all for the family path visas and any other visas probably wouldn't be given then chance to 'make it right' and the discretion as family visas do.

That sucks so bad because I called so many times to tell them the situation and they assured me we were only getting the amount of money a single person would get. Then they sent us all this extra money into our account and a letter stating that the money is based on two people. I have no proof that we ticked the right box on the application and they're not even getting back to me about making the corrections. I don't know what to do.

Sorry OP for hijacking your thread and thanks for your help as always weby.

That sucks so bad because I called so many times to tell them the situation and they assured me we were only getting the amount of money a single person would get. Then they sent us all this extra money into our account and a letter stating that the money is based on two people. I have no proof that we ticked the right box on the application and they're not even getting back to me about making the corrections. I don't know what to do.

You have done nothing wrong. What tends to happen with benefits is, the first thing is to get the money out to those in need (although they are snowed under now) and they tend to sort errors or fraud later, as they can always get the money back from future claims, even if that means taking the money out of the persons state pension! Repayments to the government are not time barred.

You may not have a copy of the form you ticked, but you were quick to point out the money was too much as you were not entitled to it. Keep a note of every call you make, with the date, time and person you spoke too, but best of all....put it all in writing. Send letters from the post office as signed for (go on the royal mail site and keep a copy of the signature details) or take a letter in to the offices and get someone to sign a receipt for it. Or, if it is an overpayment of LHA, you can go to your council offices and talk to someone about it. Phone your council for their opening times for LHA problems, it is usually a ticket and queue system.

Just keep reminding them in writing and save the money so that you can pay it straight back when you receive the demand, to show you didn't take public money. The reason they might not have got back to you yet is because of the sheer volume of claims thay are getting now. Just keep all your evidence.

From reading other immigration forums, those who are getting refused ILR for claiming benefits are those that have not told the council/DWP/tax office that they have claimed in error.  

 :)Thanks Peter that's made me feel better. I'll deffinitely go talk to someone, again. I'm so upset that my application won't be straight forward anymore. I assume I'll have to explain this whole situation in a cover letter when I apply which really intimidates me. 

:)Thanks Peter that's made me feel better. I'll deffinitely go talk to someone, again. I'm so upset that my application won't be straight forward anymore. I assume I'll have to explain this whole situation in a cover letter when I apply which really intimidates me.  

Benefit overpayments really are commonplace, so don't worry. Priority is on getting the money to people. Even ending claims means that overpayments are often made and claimed back.

You haven't tried to deceive anyone of take anything that you weren't entitled to. You have been honest all the way through.

Many on other immigration forums who actually claimed when they shouldn't have, said they paid back the money when they found they shouldn't have claimed and said they still got their ILR and UKC ok. Now driving without the correct licence or without insurance, is the one the government seem to take great exception to.

From reading other forums, they just have to tick a box that asks "are you claiming benefits" and you aren't. Perhaps others can confirm if that box on the ILR form is correct?

From reading other forums, they just have to tick a box that asks "are you claiming benefits" and you aren't. Perhaps others can confirm if that box on the ILR form is correct?

I just sent off for my ILR and there is a question that asks about claiming benefits, but there is one column of boxes to tick if the applicant is claiming, and another column of boxes if the spouse/partner is claiming.

Since my husband gets Child/Working Tax Credits and Child Benefit, the boxes are ticked for him and not myself. But he is entitled to these and not receiving any more on my behalf.

I just sent off for my ILR and there is a question that asks about claiming benefits, but there is one column of boxes to tick if the applicant is claiming, and another column of boxes if the spouse/partner is claiming.

Thanks, that was quick There you go GibbyGab, you aren't claiming.

Thanks, that was quick There you go GibbyGab, you aren't claiming.

Yay so if I repay before applying, I can tick no (or leave the column blank that asks what I'm claiming, not sure what the layout is like anymore) and just not mention it? I'm doing flr(m) but I bet it'll have the same question.

I just sent off for my ILR and there is a question that asks about claiming benefits, but there is one column of boxes to tick if the applicant is claiming, and another column of boxes if the spouse/partner is claiming.

Since my husband gets Child/Working Tax Credits and Child Benefit, the boxes are ticked for him and not myself. But he is entitled to these and not receiving any more on my behalf.

I'm so confused over these benefits it's not funny...I was told we would need to put a joint claim in which is what we have done even though my partner is currently on a fiancé visa, as it happens this isn't sorted yet so no monies been received yet.

I'm confused on this thread because as you pointed out the ILR application asks who is receiving benefits as it does on the FLR form when I have checked, so surely if it's a joint claim then you both tick the box or do you not because no extra money is being claimed? :-/

This is a pain in the butt and I would love to not be claiming at all...

I'm so confused over these benefits it's not funny...I was told we would need to put a joint claim in which is what we have done even though my partner is currently on a fiancé visa, as it happens this isn't sorted yet so no monies been received yet.

I'm confused on this thread because as you pointed out the ILR application asks who is receiving benefits as it does on the FLR form when I have checked, so surely if it's a joint claim then you both tick the box or do you not because no extra money is being claimed? :-/

This is a pain in the butt and I would love to not be claiming at all...

We do have to supply information from both of us, but for any claims made we have ticked the appropriate boxes and made certain to say that one of the people is subject to immigration control and is therefore not able to be in receipt of the benefits...which in my case is why they are in my husband's name.

i was wondering about that too because my fiance gets cash assistance and is trying to find a job, isnt easy with the economy