Advice on my HB/CT

broughton_man

What mikey is saying accoring to the hand book it is correct, but they told me on the telephone it would be a single rate? i just cannot take a couples rate

mikey_bach

Why cant you take, what you are entitled to.
They cant pay for your partner as an applicable amount but
they take away your SDP.

but to make it better you get the couple DP.
why cant you look at it like that

broughton_man

mikey_bach wrote: »

Why cant you take, what you are entitled to.
They cant pay for your partner,
they take away your SDP.
but to make it better you get the couple DP.
why cant you look at it like that

Mikey, i hear what you saying and thanks for that, my problem is i cannot claim any extra money like a couples rate, this means i am taking extra money for being a couple, where a person is subject to immigration control they cannot take any money and i carnt take any extra benefit like the couples rate, if i do we have breached the immigration rules, this is my problem, sorry to attack you it was wrong, but i did go out of my way today to call the D.W.P and welfare rights who both said no dont worry, i'm at a lost now what to do

mikey_bach

But Broughton man
you are doing nothing wrong,
Immigration and the DWP are both goverment departments,
they work hand in hand,
you tell the DWP your partner is here,
Immigration knows they are here,
then the DWP gives you the couple rate,
its not wrong its right,
its the law
its ok

enabledebra

broughton_man wrote: »

What mikey is saying accoring to the hand book it is correct, but they told me on the telephone it would be a single rate? i just cannot take a couples rate

The issue is that the couple rate DP is available under the regulations but you CAN state that you do not want to claim any additional amounts. The HB can't let you do this but IS can. And as you are aware the reason you don't want additional amounts is because of the immigration condition of 'no recourse to public funds' which can be breached even through indirect recourse via an increase in the partner's benefits.

broughton_man

enabledebra wrote: »

The issue is that the couple rate DP is available under the regulations but you CAN state that you do not want to claim any additional amounts. The HB can't let you do this but IS can. And as you are aware the reason you don't want additional amounts is because of the immigration condition of 'no recourse to public funds' which can be breached even through indirect recourse via an increase in the partner's benefits.

so can i say i just want the single rate for the disability premiums? because this is really what i need thanks

broughton_man

mikey_bach wrote: »

But Broughton man
you are doing nothing wrong,
Immigration and the DWP are both goverment departments,
they work hand in hand,
you tell the DWP your partner is here,
Immigration knows they are here,
then the DWP gives you the couple rate,
its not wrong its right,
its the law
its ok

I will be breaching my partner immigration rules, i have taken extra money for them and i cannot do that, is there a way round this? can i say i only wish for the single rate?

enabledebra

broughton_man wrote: »

so can i say i just want the single rate for the disability premiums? because this is really what i need thanks

That's my understanding but you need to get definitive answers to two questions:

Is the couple rate disability premium 'indirect recourse to public funds' -if you have an immigration adviser ask them. if not search here for local services http://legaladviserfinder.justice.gov.uk/AdviserSearch.do

If it would be a breach will IS agree to pay the single rate IS? Sounds like they have agreed to this?

princessdon

I can't add anything other than hoping that if someone makes a decision you are not at all penalised in the future. I took some flack off a similar poster but they had thousands of pounds in income.

I really hope it works out - totally refreshing to see someone so genuine. Your partner is lucky

broughton_man

Hi
It has to be a single rate or it will be a breach of the rules i have taken extra funding for my partner and i cannot do that, i just hope the D,W,P can do this, i will call then again tomorrow to make sure thanks for the advice