Advice on my HB/CT

broughton_man

allen35 wrote: »

It was hard but you got there in the end, i really wish you both all the happiness in the world BM

Thank you for your kind words
best wishes

broughton_man

Mikey b
Just to check i phoned the D.W.P today and they told me something that i'm at a loss on now, i get severe disability allowance and this is topped up with income support, but my letters say income support and three disability premiums, im at a loss if they would make any difference to my money at all? if you know could you kindley advice me
thanks so much
best wishes

MissMoneypenny

mikey_bach wrote: »

Immigration and the DWP are both goverment departments,
they work hand in hand,

They don't and that is the problem. The same with the welfare payments that HMRC and councils' sort out. Some immigrants do have immediate access to some benefits through their British or ILR partner even though they have "no recourse to public funds" on their visa, but other benefits they are not allowed. It's up to the the immigrant and claimant to know what welfare payments they can and can't have; and that is the problem for many of them as it's not easy to find out.

With all due respect, as often said on immigrationboards, benefits workers are not immigration experts.

It's then a game of chance when they apply for an extension or ILR, because they may be one of the ones whose application is selected for scrutiny by UKBA and may have received something they should not have accepted.

broughton man, you may get help on www.immigrationboards.com on their claiming benefits section. Many there have tried to stop or pay back, welfare they shouldn't have been given and they may be able to help with your claim.

It's a bit of a minefield; but for able bodied, new sponsors, all this ends from next Monday. Cameron has changed the UK immigration rules to stop foreign nationals having immediate access to UK benefits through their British or ILR, sponsor.

broughton_man

MissMoneypenny wrote: »

They don't and that is the problem. The same with the welfare payments that HMRC and councils' sort out. Some immigrants do have immediate access to some benefits through their British or ILR partner even though they have "no recourse to public funds" on their visa, but other benefits they are not allowed. It's up to the the immigrant and claimant to know what welfare payments they can and can't have; and that is the problem for many of them as it's not easy to find out.

With all due respect, as often said on immigrationboards, benefits workers are not immigration experts.

It's then a game of chance when they apply for an extension or ILR, because they may be one of the ones whose application is selected for scrutiny by UKBA and may have received something they should not have accepted.

broughton man, you may get help on www.immigrationboards.com on their claiming benefits section. Many there have tried to stop or pay back, welfare they shouldn't have been given and they may be able to help with your claim.

It's a bit of a minefield; but for able bodied, new sponsors, all this ends from next Monday. Cameron has changed the UK immigration rules to stop foreign nationals having immediate access to UK benefits through their British or ILR, sponsor.

Hi
Thank you for your help and advice here, i have tryed them boards but got real answer, i'm going back to see an immigration lawyer tomorrow to try and find out as i was sent this today from welfare rights, its still a real worry for me it really is, i get no sleep with worry trying to find out the correct advice, anyway thank you for your words and advice it was very helpfull
Income support, premiums will be paid at couples rate but our authority CPAG a copy of which we have sent you says it could affect his right to remain but we have no experience of further leave being refused because of this.

broughton_man

hi
all if i wanted to could i not claim the disability premiums and just the income support? i am trying to see if this would breach the immigration rules and i cannot find a straight answer, all i get is then dont take the premiums only take the income supoprt, does anyone know if i got my M.P. to write to this effect if the D.W.P could do this?
i have asked my M.P. today to write to the DWP to find out why it has to be paid, but all immigration lawyers say is dont take the extra if your worried, were not benefit advisers and then immigration say check with a benefits advisor talk about going round and round

enabledebra

Has someone calculated what the difference will be in your genuine IS entitlement as a whole when the Couple rate DP is added but the Severe disability premium removed? The couple rates of DP and EDP give you £19.40 extra but the loss of the SDP is £58.20 giving you a net loss of £38.80 on your current IS overall.

It's the overall recourse to each source of public funds that counts- ask your welfare rights worker if you will get more IS or less when your partner is included on your claim. If it's less there isn't a problem dispite getting a couple rate of some premiums?

mikey_bach

There are lots and lots of I.S claims with partners with No Ninos on with clerical comps, paying couple DPs, I would think and hope this doesnt effect anything with immigration or how would they all get away with it.

But I am interested to see what BM gets told by immigration

missapril75

mikey_bach wrote: »

There are lots and lots of I.S claims with partners with No Ninos on with clerical comps, paying couple DPs, I would think and hope this doesnt effect anything with immigration or how would they all get away with it.

One thing I do remember was that sometimes there was a choice in being paid as a single person (as if the foreign spouse wasn't around) and being paid at reduced rates (urgent case payment?) at the couple rate.

One was more beneficial than the other (for different reasons) but people did exercise that choice and presumably they were able to do so according to the advice received from their legal representatives without it messing things up.

broughton_man

mikey_bach wrote: »

There are lots and lots of I.S claims with partners with No Ninos on with clerical comps, paying couple DPs, I would think and hope this doesnt effect anything with immigration or how would they all get away with it.

But I am interested to see what BM gets told by immigration

Hi Thanks for your kind words of support, believe it or not i cannot believe how hard it is to find an immigration lawyer to answer my question, i'm hoping tomorrow i can get something as i'm going to see two of them, one is a free one and the other is private in case the free one cannot help, i cannot be the only one this is happening to so someone must know, what i am going to do is when they give me this benefit is write to the D.W.P send it recorded delivery and explain i have a partner subject to no recourse to public funds, then wait a reply and i would have covered my self fully,so when the time does come for F.L.R we can explain what happened in full, i cannot just claim the income support on its own, they come with the premiums and i cannot afford to not claim the benfit at all as i would have to pay full rent and i cannot afford that at all, i am trying to do everything all legal and above but hit theses snags, i would have thought someone would have said yes it ok or no it's not, to be honest if they say no i really dont know what we are going to do, how can the person i love be sent back home because i am forced to take the couples rate when i am asking to be paid at the single rate and they pay the single rate on income support but not on the premiums, its total madness. i'm praying i get an answer tomorrow. to add it also states this

Income support, premiums will be paid at couples rate but our authority CPAG a copy of which we have sent you says it could affect his right to remain but we have no experience of further leave being refused because of this.

broughton_man

Knowing my luck i will be the one who gets refused!! its a sad day for me, i'm not looking for tea as they say, i'm just looking to do things in the rules and being with the one person i love so much, you dont know how much i have prayed to be well and get back to work, i have terminal cancer and want to marry the one person i love and because of this rule of taking a couples rate i could be alone straight after the marrigae as the further leave to remain could be cancelled, if i tell you how much i have cryed today a grown man crying, but i dont know what else i can do only pray and hope we can find a way of being together for a short time that i have left, Thank you Mike and the others for the posts it was a blessing to have had your help, i will keep you all informed thank you everyone God bless