American Immigrant here on Spousal Visa-Can my spouse claim additional housing benefi

Jumbo_Cod

enabledebra wrote: »

yes, but the point is you cannot claim hb as if she was single- the HB rules don't allow that to happen when the reality is that you are a couple. Other benefits have rules that allow your income but not your needs will be taken into account to avoid the consequence of breaching immigration rules. HB don't- it is not 'kosher'.

I can't recall the policy intention of ignoring PSIC's from the needs side of the assement for some benefits despite including them in the 'means' side. What I do know is this means households who have very limited means are able to claim these benefits without breaching immigration rules so I'm grateful for the concessions. It would be good if HB worked the same way but it doesn't. Out of interest how does it work in the US?

Understood--hence the benefits officer's very by-the-book approach in insisting we must get these benefits as a couple...and somewhat odd manner of speech when we came back the 2nd time. (He seemed very adamant about not touching the new benefit figure he awarded us the week prior, stressing that "nothing they can do can affect her (my wife's) entitlement as a British citizen")


I have no clue how it works in the US I've never had to navigate this kind of stuff before. I know for sure it's nowhere as generous or "automatic" as it is here from what I've seen. I think it's much more complicated and every state has different rules on how to implement their own programs and different ways of dishing out federal money.

Jumbo_Cod

MissMoneypenny wrote: »

When you applied for your visa and gave your savings total, did you include this as I thought you could only use money you could access?

Yes, I gave them information on 4 different bank and brokerage accounts.

With the private pension figures I wrote in a statement that although I would get a tax penalty the funds would be available for wire to a current/checking account within 3 business days.

There was also cash assets in liquid form outside the other accounts. They got original, most current statments and full disclosure of everything. Even without the private pension it was enough to ensure granting of the visa based on 2 years of maintenance.

MissMoneypenny

Jumbo_Cod wrote: »

Yes, I gave them information on 4 different bank and brokerage accounts.

With the private pension figures I wrote in a statement that although I would get a tax penalty the funds would be available for wire to a current/checking account within 3 business days.

There was also cash assets in liquid form outside the other accounts. They got original, most current statments and full disclosure of everything. Even without the private pension it was enough to ensure granting of the visa based on 2 years of maintenance.

There is a poster here called fluffymovie who works in housing benefits. Hopefully she will spot your thread and be able to tell you if your 401 is excluded from your total capital for HB and CTC purposes.

Although, if you deduct your 401, do your savings and capital still exceed the £16,000.00?

enabledebra

Jumbo_Cod wrote: »

Yes, I gave them information on 4 different bank and brokerage accounts.

With the private pension figures I wrote in a statement that although I would get a tax penalty the funds would be available for wire to a current/checking account within 3 business days.

There was also cash assets in liquid form outside the other accounts. They got original, most current statments and full disclosure of everything. Even without the private pension it was enough to ensure granting of the visa based on 2 years of maintenance.

UK bodies don't often share info and the rules state you must declare to the specific department (ie the local council - they should have asked but they failed to- the important issue for you is you NEED the hb to be reduced to avoid breaching the immigration rules so its fortunate your means may bring this about.) If your means don't bring the level of hb down to at least the figure your partner recieved previously, and if you can manage, she should withdraw her claim to protect your application to settle in the UK if these long term plans are the priority.

Jumbo_Cod

MissMoneypenny wrote: »

Although, if you deduct your 401, do your savings and capital still exceed the £16,000.00?

Yes, even without the 401(k) savings exceed that amount.

Hopefully the benefits expert you mention will come along. We can't be the only one in this situation!

Jumbo_Cod

enabledebra wrote: »

If your means don't bring the level of hb down to at least the figure your partner recieved previously, and if you can manage, she should withdraw her claim to protect your application to settle in the UK if these long term plans are the priority.

That seems to be the goal now! The tricky part is that we must be claiming as a couple as previously mentioned..she can't just go back to single.

but the amount we claim as a couple must be equal to or less than what she was getting before!

I am starting to get the suspicion with all of my assets I feel that her benefit could be reduced to zero

In case anyone's wondering why I just don't cash it out and live high on the hog off my savings is that I don't anticipate having any access at all to a government pension since I'm working towards self-employment and this is my retirement nest egg. The rest of is capital to start my businesses.

enabledebra

What's the issue then? If the situation is capital is over £16k and there may also be significant income from a pension then HB isn't payable and immigration rules re public funds won't be breached once this is properly declared to the council? What am I missing?

Jumbo_Cod

You're not missing anything. We just have to go to Town Hall and speak to someone who knows what they're doing!!

Preferably armed with proof and a something in writing from CAB that we can show them. Especially if it is indeed the case that her benefit is not reduced to nothing based on my assets. From all I've read and what everyone said it still doesn't seem black and white!

enabledebra

Can't see why not- your income and capital is treated exactly the same as any claimant- British resident or not- plus you don't need to get entitlement to zero, just to where it was before you became part of the household. If your wife was only £17 better off I think the assets you have identified would cover it ? and if not you can manage without HB so she could stop claiming? Either way your settlement plans are protected.

MissMoneypenny

Jumbo_Cod wrote: »

Yes, even without the 401(k) savings exceed that amount.

Hopefully the benefits expert you mention will come along. We can't be the only one in this situation!

It's quite clear with income based benefits, as there is a cutoff at 16k. That over 16k you have means your wife can no longer claim income based benefits; like her housing benefit and council tax benefit and any other income based benefits she claims.

When she applied for benefits, she signed to say she would advise the various benefit departments of any changes and she is required to tell them all that she and you (as a couple) have more than 16k now. Not to do so would be fraud (as she is claiming something she is not entitled to have now) and all her income based benefits should be stopped now. The longer you leave it, the bigger the overpayments will be that she will have to pay back. Worse still if they discover the fraud and decide to prosecute her.

At the moment, it seems she is claiming benefits that she is no longer entitled to and getting extra for you too, even though you visa states you cannot have public funds.
The former is a benefit matter and the latter is an immigration matter.

enabledebra wrote: »

- they should have asked but they failed to-

The get out is that it is not up to the council to ask what their capital is, but it is up to to the claimant (Jumbo Cod's wife) to inform them that she now has capital with her new husband of over 16k.