No recourse to public funds....

AnxiousMum

When it comes time for him to apply for his settlement, HE is not in receipt of any benefits. He is not receiving anything - as you won't get anything 'extra' for him. You will receive the benefits that you are entitled to, and only gain 'credit' for yourself (being a British citizen) and your child/children. They will however, need to take your husband's income into account - but you will not receive any benefit FOR him whatsoever.

On your forms make yourself the applicant, and your husband the 'other' - declare all his income. You are entitled to claim, he is not. We had the same situation a few years back, and no problem was caused whatsoever, as when OH was asked 'are you in receipt of benefits', the answer was a straight out 'No, but my partner receives child tax credit'. Depending on what country your partner is from, he may very well be entitled to things like child tax credit etc., as there may be a reciprocal agreement with his country. That aside though - you are entitled to claim, just claim honestly and declare all household income and you won't have an issue.

clb776

Thankyou anxiousmum, these are all claimed 'jointly' with him being the second on most applications.

I would always tell the truth, especially about things like this.

It is nice to hear from someone who has been through the same thing...I do not think they have an agreement with his country.

When I put in my claim for housing benefit, I will make sure I write everything down, and take in copies of things as before so it can never be said that I lied. At least that way everything is covered when we fill in the forms, although fingers crossed I will get a job before then!

All of these things are so confusing!

afc80

If one part of a couple has recourse to public funds then that person can claim Housing Benefit. The partner who has no recourse to public funds is included on the application for housing benefit and any income that the person who has no recourse to public funds has is included in the overall income of the couple when assessing Housing Benefit, (ie) their earnings.

sharnad

clb776 wrote: »

Not sure? whatever form we have to fill in, but it does ask about benefits on it, hopefully by then we wont have to put it on there. He has to do the life in the uk test (even i cant do it, its a waste of time, perhaps an english exam would be better placed, but thats a different topic!!)

Dont really understand it all. The rules seem to be set out for those entering the UK, my husband is already here, working full time so there is no question of him being supported by the state when he arrives?

Regardless of wether I was with him or not, I would still be entitled to the 2-bed LHA whilst in this situation, so if they take his income into account for their calculations then he is supporting himself, and i am being supported by the state (uuggghh!!) lol!!





...is that a good way to look at it, or not???

Not sure they seem to make it really confusing

Dont think I would pass the life in the uk test

well good luck anyway hope you get it sorted

Soubrette

afc80 wrote: »

If one part of a couple has recourse to public funds then that person can claim Housing Benefit. The partner who has no recourse to public funds is included on the application for housing benefit and any income that the person who has no recourse to public funds has is included in the overall income of the couple when assessing Housing Benefit, (ie) their earnings.

Exactly - your husband has no recourse to public funds but you must make a claim as a couple because his income will affect your claim.

As long as you are up front and explain the situation (in a covering letter if necessary) then you won't have any problems.

Don't forget after 3 years he can apply for indefinite leave to remain and he will be entitled to the same benefits as a UK resident then.

Sou

clb776

Thank you for all your responses, it has gone some way to putting my mind at rest,

I really apprecitate you sharing your experiences and knowledge with me.