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Topic: Public funds  (Read 1342 times)

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Public funds
« on: June 21, 2018, 01:34:25 PM »
My husband is in the UK on a Spouse Visa.  He is severely disabled.  I have been offered assistance from the Carers Support Service, things like time off from caring for respite, meals on wheels etc. If I accept the offer of help from this service, would it break the condition on his visa which states he has no access to "public funds"?
Online application submitted: July 27, 2017
Biometrics: July 31, 2017
Mailed application: July 31, 2017
Received confirmation email: Aug 2, 2017
Online status check: Numbers not recognised
Decision email: Sept 19, 2017
Visa received: Sept. 22, 2017!!!!!!!!


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Re: Public funds
« Reply #1 on: June 21, 2018, 01:55:53 PM »
Who is offering the support?  If it's coming from private organizations, it does not count as public funds, as far as I am aware.

Here's a list:
https://www.gov.uk/government/publications/public-funds--2/public-funds

And for a less-legible, but arguably more-detailed reference, the guidance notes on public funds is available here: https://www.gov.uk/government/publications/public-funds
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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Re: Public funds
« Reply #2 on: June 21, 2018, 02:39:27 PM »
Yes, I have seen both the documents you link to. The simpler one suggests you cant get benefits to help with a low income. The second, seems to contradict itself in different sections. The assistance in question is being offered by the Social Services Dept. by a Social Worker assigned to us. They seem to think that if they are offering the service to me as carer , it’s alright. But, as he would be receiving care provided by them I wasn’t certain if that would count against him because of his visa restrictions. I realize it’s not a common scenario but we don’t want to do anything to jeopardise his FLR down the line.
Online application submitted: July 27, 2017
Biometrics: July 31, 2017
Mailed application: July 31, 2017
Received confirmation email: Aug 2, 2017
Online status check: Numbers not recognised
Decision email: Sept 19, 2017
Visa received: Sept. 22, 2017!!!!!!!!


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Re: Public funds
« Reply #3 on: June 21, 2018, 02:47:54 PM »
It's only your husband who cannot claim public funds. You can claim anything you are entitled to, because you are a UK citizen.

The only thing you can't do is claim MORE because of your husband. For example, you can only claim the benefit allowance for a single person and not a couple, or you can only qualify for the size of council house allowed for a single person and not a couple.

So, if you are a carer and you are being offered support/help with your carer duties, then that comes under your benefit entitlement, not your husband.

What you can't do is claim any kind of disability allowance, or support for your husband, so as long as any support is for you and is not in his name, I don't see why it would affect his immigration status.

Do you have a webpage link or anything to the service that's being offered?


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Re: Public funds
« Reply #4 on: June 21, 2018, 03:41:43 PM »
Thanks ksand24. Your question at the end made me go to look at the Social Services website.  That, in turn, led me to a Disability Advocacy Group phone number! I called them and they agree 100% with you. They also recommended I reconfirm with the Council Tax Office that his reduction due to disability also should not affect his visa.
Online application submitted: July 27, 2017
Biometrics: July 31, 2017
Mailed application: July 31, 2017
Received confirmation email: Aug 2, 2017
Online status check: Numbers not recognised
Decision email: Sept 19, 2017
Visa received: Sept. 22, 2017!!!!!!!!


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Re: Public funds
« Reply #5 on: June 21, 2018, 03:57:05 PM »
They also recommended I reconfirm with the Council Tax Office that his reduction due to disability also should not affect his visa.

Looking at the list of public funds from the first link jfkimberly posted above, it lists 'council tax reduction' as one of the public funds he CANNOT claim.

Now, I'm not sure if there's a difference between a reduction based on low income and a disability reduction, in terms of how it is classified, but I'm not entirely sure he is eligible to claim it.

Quote
Public funds include a range of benefits that are given to people on a low income, as well as housing support. These are:

income-based jobseeker’s allowance
income support
child tax credit
universal credit
working tax credit
a social fund payment
child benefit
housing benefit
council tax benefit
council tax reduction
domestic rate relief (Northern Ireland)
state pension credit
attendance allowance
severe disablement allowance
personal independence payment
carer’s allowance
disability living allowance
an allocation of local authority housing
local authority homelessness assistance


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Re: Public funds
« Reply #6 on: June 21, 2018, 04:02:11 PM »
I agree. I have just been speaking to the Council Tax Office again.  They have now confirmed that a reduction based on disability does not constitute "public funds".  Although a reduction on the grounds of low income is public funds.  They are adding a note on our file to that effect, so they say that way we are covered in case of questions arising.  I feel hugely relieved!
Online application submitted: July 27, 2017
Biometrics: July 31, 2017
Mailed application: July 31, 2017
Received confirmation email: Aug 2, 2017
Online status check: Numbers not recognised
Decision email: Sept 19, 2017
Visa received: Sept. 22, 2017!!!!!!!!


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Re: Public funds
« Reply #7 on: June 21, 2018, 04:22:04 PM »
I agree. I have just been speaking to the Council Tax Office again.  They have now confirmed that a reduction based on disability does not constitute "public funds".  Although a reduction on the grounds of low income is public funds.  They are adding a note on our file to that effect, so they say that way we are covered in case of questions arising.  I feel hugely relieved!

That's good to know :).

I could only find information about low income reductions and immigration status, but nothing about whether it also applies to the disability reduction.


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Re: Public funds
« Reply #8 on: June 21, 2018, 04:25:10 PM »
Same here. I’ve been going around and around and couldn’t find the answers online. This thread gave me some new thoughts on directions to go and now it’s all figured out. Thanks so much to those who helped me get the old cogs whirring!
Online application submitted: July 27, 2017
Biometrics: July 31, 2017
Mailed application: July 31, 2017
Received confirmation email: Aug 2, 2017
Online status check: Numbers not recognised
Decision email: Sept 19, 2017
Visa received: Sept. 22, 2017!!!!!!!!


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  • Posts: 6174

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  • Joined: Aug 2012
  • Location: End of the M4 and then a bit more.
Re: Public funds
« Reply #9 on: June 21, 2018, 04:49:25 PM »
Since he is the foreign spouse, how did you go about getting the council tax reduction based on disability?  Like, what proof did he show?  I ask because I was not eligible for public funds, and PIP (or DLA) is the easiest way to show eligibility for the council tax reduction, but I was not allowed those until I got ILR last month, so I never applied for the council tax reduction.  I'd like to pursue it now, if I can.
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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Re: Public funds
« Reply #10 on: June 21, 2018, 05:48:22 PM »
I agree. I have just been speaking to the Council Tax Office again.  They have now confirmed that a reduction based on disability does not constitute "public funds".  Although a reduction on the grounds of low income is public funds.  They are adding a note on our file to that effect, so they say that way we are covered in case of questions arising.  I feel hugely relieved!

I would be *extremely* careful with this. When disability is involved, people are very keen to help and don't always provide the correct advice.
Personally I wouldn't (didn't in similar circumstances) accept any help with caring or respite either unless paid for privately. And I wouldn't have touched council tax reduction with a barge pole.
« Last Edit: June 21, 2018, 05:59:38 PM by larrabee »


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Re: Public funds
« Reply #11 on: June 21, 2018, 07:41:40 PM »
I took the same approach, Larrabee.  But now I have ILR... I'm ready.  Do you know how to gt the council tax reduction without PIP/DLA?  Nevermind, it's based on whether we have a room that is required for the disabled person, and would not otherwise be needed if they weren't disabled.  I don't know if I'll qualify with my oxygen concentrator taking up the small second bedroom.... might be worth the ask.
« Last Edit: June 21, 2018, 07:45:21 PM by jfkimberly »
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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  • Posts: 17754

  • Liked: 6110
  • Joined: Sep 2010
Re: Public funds
« Reply #12 on: June 21, 2018, 07:59:48 PM »
I took the same approach, Larrabee.  But now I have ILR... I'm ready.  Do you know how to gt the council tax reduction without PIP/DLA?  Nevermind, it's based on whether we have a room that is required for the disabled person, and would not otherwise be needed if they weren't disabled.  I don't know if I'll qualify with my oxygen concentrator taking up the small second bedroom.... might be worth the ask.

I just found this, jfKimberly. https://beta.gov.wales/council-tax-discounts-and-reduction/disabled-people

7. Disabled people

If your property has been adapted in at least one of the ways in the list below for someone who is substantially and permanently disabled, you’ll be eligible to get your Council Tax bill reduced by one valuation band. For example, if the property is valued in Band C, the bill will be charged in Band B.

To qualify for a reduction in your valuation band, the adaptation must be essential or of major importance to the disabled person's well-being. No reduction is available where adaptations have only been made outdoors.

Eligible adaptations

an additional bathroom or kitchen to meet the needs of the disabled person
addition of a room or adaptation an existing room (other than bathroom, kitchen or toilet) to meet the needs of, and used mainly by, the disabled person;
extra space inside the property to allow for the use of a wheelchair.
A self-contained annex, where the occupant has a substantial and permanent disability and is a dependent relative of the owner of the main house, will not be charged Council Tax.

If you think you may be eligible you should contact your local authority Council Tax department.




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