Spouse Visa and Work

anmarj

MissMoneypenny wrote: »

No! It does it say her income can be ignored. He has to declare the 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.

in this instance it is not, PC are not looking at her income or status so therefore what she earns is irrelvant, she is not included on the the claim, her income is ignored, it is NOT benefit fraud.:mad:, all that will happen is that they will see her on the PC form they will do nothing beacuse nothing is required. She is not part of the assessment so therefore if she went and worked PC are NOT going to do anything. Different matter if she was included but she is not.


from the decision making guide

Partner is a person subject to immigration control
78946 A partner that is a PSIC is not a member of the claimant’s household1 although their
presence in the dwelling may be counted as a person residing with the claimant for
severe disability purposes2.
1

MissMoneypenny

ZhegeLiang wrote: »

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?

ZhegeLiang, the link below is to an active forum where those who are subject to immigration control, find out how they can claim benefits and what they have to put in their claim to ensure they are aren't committing benefit fraud or hindering their path to ILR (Indefinate Leave to Remain). Ask them if you can ignore your wife's salary in an income based claim.
http://www.immigrationboards.com/viewforum.php?f=38

MissMoneypenny

Hi ZhegeLiang

I have just been on that immigration forum for you and on the first page I found this about a man who is subject to immigration control but his wife is British and is claiming income based welfare payments:-

Your wife is entitled to claim benefits however she cannot claim additional benefits due to you being in the country, and she needs to tell the authorities if you are living with her and about any income you have.

and from the Mod

She needs to tell the relevant office of her change of circumstances .... as soon as possible. At the moment she is committing benefit fraud, and she needs to put that right .... before there is a knock on the front door early one morning. Far better she contacts them first.

http://www.immigrationboards.com/viewtopic.php?t=74091

Soubrette

Always had to include my Canadian husband's income in my child tax credit claims, it always went through as a joint claim.

I phoned to check that was right when he first came over as I was worried that it might be seen that he was claiming for child tax credit when he had no recourse to the public purse (it is quite clear in the documents that this could be a deportable crime).

Turns out that he had no recourse but if his income made the household income too high for certain benefits then his income became household income and any benefit I was due would be reduced accordingly.

Rightly so imo.

ZhegeLiang

Many thanks for all of these replies.

This question follows a visit from the government pension credit officer, who was checking the amount of PC I should receive. He checked all my details and looked at my wife's passport with visa, plus another ID document. He was hot on my income, I have a small private pension which is already deducted from my PC. He did not ask about my wife's finances. I asked him this very question about my wife getting a job in the future. He was honest and said he didn't know the answer. I have spoken to the local council re my HB and CT who say they take their guidance from my receiving Pension Credit. It looks as if I will need to speak to them again. They have already seen my wife's passport with visa.

AnxiousMum

anmarj wrote: »

in this instance it is not, PC are not looking at her income or status so therefore what she earns is irrelvant, she is not included on the the claim, her income is ignored, it is NOT benefit fraud.:mad:, all that will happen is that they will see her on the PC form they will do nothing beacuse nothing is required. She is not part of the assessment so therefore if she went and worked PC are NOT going to do anything. Different matter if she was included but she is not.


from the decision making guide

Partner is a person subject to immigration control
78946 A partner that is a PSIC is not a member of the claimant’s household1 although their
presence in the dwelling may be counted as a person residing with the claimant for
severe disability purposes2.
1

Is it possible to post a link to that article please? If what you say is correct, and not taken out of context of the points around it, then I'd be thinking that many of us are owed much money from an error on the part of various agencies! I know if I didn't include my OH's £32K income in 'household income', even though he's my partner, then i'd have been paid a whole whack of benefits with 5 kids.....and it would've been their error due to ignoring the above statement.

However, to the OP - from experience, if your wife works, her income WILL be taken into account for any means tested benefit purpose - the role of a partner is to help support the other partner - not to live one lifestyle while your partner lives another on benefits.

anmarj

AnxiousMum wrote: »

Is it possible to post a link to that article please? If what you say is correct, and not taken out of context of the points around it, then I'd be thinking that many of us are owed much money from an error on the part of various agencies! I know if I didn't include my OH's £32K income in 'household income', even though he's my partner, then i'd have been paid a whole whack of benefits with 5 kids.....and it would've been their error due to ignoring the above statement.

However, to the OP - from experience, if your wife works, her income WILL be taken into account for any means tested benefit purpose - the role of a partner is to help support the other partner - not to live one lifestyle while your partner lives another on benefits.

http://www.dwp.gov.uk/docs/dmgch78.pdf - page 182

but what you are doing it taking one aspect for one benefit and applying to all benefits, it does not work that way, benefits do different things ie tax credits will treat it one way, pension credit another. if the customer has a person who has no recourse to public funds then their income is not considered for Penison Credit and they are treated as single people and only that income will be looked at. i remember clearly from years ago, person A over spa, person B no recourse to public funds had a high paid top job, pension credit could not touch as person B income as they were ignored, I have done a enough of them over the last 9 years to know what I am talking about when it comes to Pension Credit:p

ZhegeLiang

OK I've checked with both the government Pensions and the local council for definite answers. Anmarj is correct up to a point. The pensions people are simply not interested in what my wife does since I am regarded as a single person. The council still take their lead from the Pension Credit I get. I am the tenant. However, if she were to earn something over the couples allowance they would be interested. That seems to be only common sense. She will not be getting some amazingly good income above that limit.

I hope that settles all the differences.

ZhegeLiang

I had to return to the council to show my wifge's visa again, so took the opportuitiy of asking another benefits officer. He said report what she earns so they may check for themselves that I do indeed receive Guaranteed Pension Credit. Having proved that to their satisfaction they will disregard my wife's earnings.

So, yes, Amarj is absolutely right.