Spouse Visa and Work

ZhegeLiang

I am in receipt of Pension Credit, whilst my wife has a Spouse Visa and has been present in the UK since February. She has no recourse to public funds. I am still paid the single person's Pension Credit.

The question is what will happen if she gets a job. Will the pay be deducted from my Pension Credit, or will I possibly lose it altogether?

anmarj

no, it will not effect your pension credit, as they are not considering her in the claim, they are in effect "ignoring her " in the household, different matter when it comes to any premiums.

AnxiousMum

Firstly, does her visa allow her to work?

Secondly, if she does work and has an income, her income WILL be used in any household calculations for means tested benefits such as housing benefit, council tax, tax credits etc. My apologies - but I'm unsure if pension credit is a means tested benefit or not.

On the application forms for pension credit, does it ask for 'your' income, or 'household' income? Even though she is not eligible for public funds, if she has an income, it is still taken into account and she should be the coapplicant for any means tested benefits. You won't get anything credited on her behalf, but her income will be used for the calculations.

anmarj

AnxiousMum wrote: »

Firstly, does her visa allow her to work?

Secondly, if she does work and has an income, her income WILL be used in any household calculations for means tested benefits such as housing benefit, council tax, tax credits etc. My apologies - but I'm unsure if pension credit is a means tested benefit or not.

On the application forms for pension credit, does it ask for 'your' income, or 'household' income? Even though she is not eligible for public funds, if she has an income, it is still taken into account and she should be the coapplicant for any means tested benefits. You won't get anything credited on her behalf, but her income will be used for the calculations.

pension credit is means tested, but as the op has stated "wife does not have recourse to public funds" in other words he cannot claim for pension credit as a couple, so her income is irrelvant to the claim as she is not part of it.

AnxiousMum

The wife may very well not have recourse to public funds - I understand that - however, for any means tested benefits, if the wife is in the household, she has to be listed on the application forms, or reported as a change of circumstances. If she is working, her income WILL be taken into account for means testing on any benefits. She cannot be the 'main' applicant, but she is a co-applicant - for no reason other than having her income taken into account. They will not receive any additional funds for her though.

When it comes time to apply for her ILR, they will ask her if she has ever claimed any public funds. The answer to that would be 'no', as she has never claimed, however, if she hasn't participated in having her income reported, that will be picked up.

When my OH applied for his ILR, we had to provide copies of a child tax credits award notice - showing that I had claimed, and that I had also reported my partners income, which was treated in exactly the same way. As a spousal visa, the op may have to provide much more financial information - bank statements etc to show that he can support his wife.

ZhegeLiang

Many thanks Anmarj.

Thanks for replying Anxious Mum. It is a minefield of regulation. The local council tell me if I get Pension Credit then I will get full HB and CT.

AnxiousMum

ZhegeLiang wrote: »

Many thanks Anmarj.

Thanks for replying Anxious Mum. It is a minefield of regulation. The local council tell me if I get Pension Credit then I will get full HB and CT.

Just be sure to answer all the questions honestly, and when it asks for her details put them in. There should be a box asking if she is subject to Immigration Control, in which case you tick off that she is. You won't get money for her, but she still needs to be on the form.

MissMoneypenny

anmarj wrote: »

pension credit is means tested, but as the op has stated "wife does not have recourse to public funds" in other words he cannot claim for pension credit as a couple, so her income is irrelvant to the claim as she is not part of it.

Not true, I'm afraid. AnxiousMum is correct. 'No recourse to public funds' means that she cannot access any public fund in her own name, but any income she earns will be part of the household income and will be used in income based benefit calculations.

On the immigrationboards forums, there are many posts warning people to declare their partners income, because if they don't do that then they are committing benefit fraud. There is even a thread running now where a Brit continued to claim single occupancy council tax discount as his wife had no recourse to public funds and he has now been hit with a bill for several years unpaid council tax. As has been pointed out to him by the moderators, he is lucky not to end up in court.

The OPs wife's name must be on his claim and her income must be declared.

MissMoneypenny

ZhegeLiang wrote: »

The local council tell me if I get Pension Credit then I will get full HB and CT.

If you wife gets a job you will also need to inform the council (as well as whomever deals with pension credit) that your household income has increased. Then will then be able to calculate how much HB and CT you can be given. You don't want to end up with an overpayment that you have to return, or worse......

anmarj

MissMoneypenny wrote: »

Not true, I'm afraid. AnxiousMum is correct. 'No recourse to public funds' means that she cannot access any public fund in her own name, but any income she earns will be part of the household income and will be used in income based benefit calculations.

On the immigrationboards forums, there are many posts warning people to declare their partners income, because if they don't do that then they are committing benefit fraud. There is even a thread running now where a Brit continued to claim single occupancy council tax discount as his wife had no recourse to public funds and he has now been hit with a bill for several years unpaid council tax. As has been pointed out to him by the moderators, he is lucky not to end up in court.

The OPs wife's name must be on his claim and her income must be declared.

I am correct, I spent a while dealing with PC claims like this, his wife is not on the PC as he cannot claim for her as her visa bars her from claiming public funds, that is why if she starts work the income will not be taken into account because as far as PC is concerned the op is single.

People treated as not being members of the household
77117 A person should be treated as not being a member of the same household as the
claimant if
1. that person is living away from the claimant and
1.1 does not intend to resume living with the claimant
1
or
1.2 is likely to be away for more than 52 weeks
2
(unless DMG 77119
applies) or
2. that person, or the claimant, is permanently in a care home
3
, independent
hospital or
3. that person, the claimant, or both of them are
3.1 detained in a special hospital in England and Wales, or a state hospital
in Scotland
4
or
3.2 detained in custody
5
3.2.a awaiting trial or sentencing or
3.2.b serving a sentence imposed by a court or
3.3 on temporary release from custody
6
(home leave) or
4. the claimant is abroad and their entitlement to SPC cannot continue for any
period during their temporary absence from GB
7
(see DMG 78920 et seq and
Chapter 07)
5. that person is absent from GB for more than 13 weeks
6. a person subject to immigration control
8
(see DMG 78941 and DMG Chapter
07).
1 SPC Act, s 17(2)(a); SPC Regs, reg 5(1)(a)(i); 2 reg 5(1)(a)(ii); 3 reg 5(1)(b); 4 reg 5(1)(c)(i); 5 reg 5(1)(c)(ii);
6 reg 5(1)(c)(iii); 7 reg 5(1)(d); 8 reg 5(1)(h); Immigration & Asylum Act 1999, s 115(9)


he has made a claim for public funds to include her on his claim, as she is subject to immigration control, she cannot be included in the claim, as a result any income that she would have would be ignored.

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;
working tax credit;
a social fund payment;
child benefit;
housing benefit;
council tax benefit;
state pension credit;
attendance allowance;
severe disablement allowance;
carer's allowance;
disability living allowance;
an allocation of local authority housing;
local authority homelessness assistance;
health in pregnancy grant; and
income-related employment and support allowance.

Public funds do not include benefits that are based on National Insurance contributions. National Insurance is paid in the same way as income tax and is based on earnings. Benefits to which a person is entitled as a result of National Insurance contributions include:
contribution-based jobseeker's allowance;
incapacity benefit;
retirement pension;
widow's benefit and bereavement benefit;
guardian's allowance;
statutory maternity pay;
maternity allowance; and
contribution-related employment and support allowance.

MissMoneypenny

anmarj wrote: »

People treated as not being members of the household
77117 A person should be treated as not being a member of the same household as the
claimant if
1. that person is living away from the claimant and
1.1 does not intend to resume living with the claimant
1
or
1.2 is likely to be away for more than 52 weeks
2
(unless DMG 77119
applies) or
2. that person, or the claimant, is permanently in a care home
3
, independent
hospital or
3. that person, the claimant, or both of them are
3.1 detained in a special hospital in England and Wales, or a state hospital
in Scotland
4
or
3.2 detained in custody
5
3.2.a awaiting trial or sentencing or
3.2.b serving a sentence imposed by a court or
3.3 on temporary release from custody
6
(home leave) or
4. the claimant is abroad and their entitlement to SPC cannot continue for any
period during their temporary absence from GB
7
(see DMG 78920 et seq and
Chapter 07)
5. that person is absent from GB for more than 13 weeks
6. a person subject to immigration control

The above means that you can't claim extra welfare payments for these people in this list. So if your partner is "subject to immigration control" you can't get extra money from the welfare system for them living in the house. You list your partner in a claim, but you have to state that they have no recourse to public funds as they are subject to immigration control.

This differs for WTC, as you can claim for a partner who is subject to immigration control: but this is changing soon to, only being allowed to claim for your partner if you have children.

anmarj wrote: »

he has made a claim for public funds to include her on his claim, as she is subject to immigration control, she cannot be included in the claim,

Nearly; she is listed in his claim, but he cannot have extra money for her (for some claims) until she has got ILR, or entered the country with ILE (for those that have been living as man and wife, continually, in another country for at least 4 years).

anmarj wrote: »

as a result any income that she would have would be ignored.

No! It does not say her income can be ignored: the above list states that he can't claim extra welfare payments for her.

He has to declare the total income of his household in income based claims and tell them of any income changes. To not include her salary in his household income, is benefit fraud.