Working tax credits and a husband on a visa

calcotti

tomtom256 said: Yes from a practical view point, the software can't do this without the data being fed in as the system only asks for an earnings feed for those listed on a claim and couldn't raise a to-do to tell the OP to report any of her partners earnings etc.

It shouldn't in theory affect any future immigrastion status, but then this is the government we are talking about.

Although I am happy to be corrected, if I am wrong.

Not withstanding the software issues the guidance I quoted appears to state that in this situation the person not PSIC should claim as a single person.

The risk to immigration status would come if both claimed as a couple and DWP incorrectly paid the claim with a couple allowance. PSIC would then have received public funds which would be a breach.

calcotti

I've come across guidance elsewhere (unfortunately not online so I can't link to it) which suggests that in this situation you would be expected to make a joint claim but it would be treated as a single claim. That would address the issue raised by tomtom.

There is some House of Commons guidance on the calculation of UC awards which include an ineligible partner here Document Title (parliament.uk)
Unfortunately it doesn't make clear how the claim itself is to be made.

pmlindyloo

This link may help:

Universal credit couple claims where one member has no recourse to public funds | by Carlos Hagi | Adviser online | Medium

calcotti

pmlindyloo said:

This link may help:
Universal credit couple claims where one member has no recourse to public funds | by Carlos Hagi | Adviser online | Medium

Great link - thanks, pmlindyloo.

OhWow

"2. Claiming Universal Credit

If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.

You begin by creating a Universal Credit online account each. The first person to create their account will be given a partner code, which will be displayed on screen.

This code will need to be input by your partner when they register for their Universal Credit online account. This ensures the accounts are joined together and you are correctly claiming as a couple.

Once you’ve created your account a claim can be made for Universal Credit. You’ll have 28 days from creating the account to make a claim. You should aim to complete the application as soon as possible to get your claim started.

If 28 days pass and a claim is not made you’ll need to register for an online account again.

If one of you isn’t eligible, their capital and income may still be taken into account."

https://www.gov.uk/government/publications/universal-credit-and-couples-an-introduction/universal-credit-further-information-for-couples

calcotti

OhWow said:

"2. Claiming Universal Credit

If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.

You begin by creating a Universal Credit online account each. The first person to create their account will be given a partner code, which will be displayed on screen.

This code will need to be input by your partner when they register for their Universal Credit online account. This ensures the accounts are joined together and you are correctly claiming as a couple.

Once you’ve created your account a claim can be made for Universal Credit. You’ll have 28 days from creating the account to make a claim. You should aim to complete the application as soon as possible to get your claim started.

If 28 days pass and a claim is not made you’ll need to register for an online account again.

If one of you isn’t eligible, their capital and income may still be taken into account."

https://www.gov.uk/government/publications/universal-credit-and-couples-an-introduction/universal-credit-further-information-for-couples

All of that is understood. What is less clear from guidance is whether this is actually the process followed when one party is a person subject to immigration control. Some guidance suggests that one one person should claim and simply report the other - which appears to be what OP has been advised to do by DWP.

OhWow

calcotti said:

OhWow said:

"2. Claiming Universal Credit

If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.

You begin by creating a Universal Credit online account each. The first person to create their account will be given a partner code, which will be displayed on screen.

This code will need to be input by your partner when they register for their Universal Credit online account. This ensures the accounts are joined together and you are correctly claiming as a couple.

Once you’ve created your account a claim can be made for Universal Credit. You’ll have 28 days from creating the account to make a claim. You should aim to complete the application as soon as possible to get your claim started.

If 28 days pass and a claim is not made you’ll need to register for an online account again.

If one of you isn’t eligible, their capital and income may still be taken into account."

https://www.gov.uk/government/publications/universal-credit-and-couples-an-introduction/universal-credit-further-information-for-couples

All of that is understood. What is less clear from guidance is whether this is actually the process followed when one party is a person subject to immigration control. Some guidance suggests that one one person should claim and simply report the other - which appears to be what OP has been advised to do by DWP.

That link I gave is the process when one partner is NRPF (No Recourse to Publis Funds)  according to numerous posts on immigrationboards. I embolded the bit above that refers to when one partner isn't eligble for public funds: they can't receive public funds (in this case UC) until they have ILR, but their capital and income is used in their joint claim.

Apparently the partner who cannot take public funds then receives notification from the DWP that they are not eligible.

calcotti

OhWow said:....when one partner isn't eligble for public funds: they can't receive public funds (in this case UC) until they have ILR, but their capital and income is used in their joint claim. 

As I said, I think that is clearly understood by OP.

OhWow said: That link I gave is the process when one partner is NRPF (No Recourse to Publis Funds)  according to numerous posts on immigration boards. 

As far as I can see the link is the general advice for couples rather than specific advice for when one partner is NRPF. It is logical that process would be same but some advice suggests otherwise and OP appears to have been told by DWP to do it differently,

tomtom256

OhWow said:

"2. Claiming Universal Credit

If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.

You begin by creating a Universal Credit online account each. The first person to create their account will be given a partner code, which will be displayed on screen.

This code will need to be input by your partner when they register for their Universal Credit online account. This ensures the accounts are joined together and you are correctly claiming as a couple.

Once you’ve created your account a claim can be made for Universal Credit. You’ll have 28 days from creating the account to make a claim. You should aim to complete the application as soon as possible to get your claim started.

If 28 days pass and a claim is not made you’ll need to register for an online account again.

If one of you isn’t eligible, their capital and income may still be taken into account."

https://www.gov.uk/government/publications/universal-credit-and-couples-an-introduction/universal-credit-further-information-for-couples

This is exactly what I meant when I mentioned the system process of dealing with it, as this is the only way the system will know they need to take a ineligible partners income into account on the claim.

OhWow

tomtom256 said:

OhWow said:

"2. Claiming Universal Credit

If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.

You begin by creating a Universal Credit online account each. The first person to create their account will be given a partner code, which will be displayed on screen.

This code will need to be input by your partner when they register for their Universal Credit online account. This ensures the accounts are joined together and you are correctly claiming as a couple.

Once you’ve created your account a claim can be made for Universal Credit. You’ll have 28 days from creating the account to make a claim. You should aim to complete the application as soon as possible to get your claim started.

If 28 days pass and a claim is not made you’ll need to register for an online account again.

If one of you isn’t eligible, their capital and income may still be taken into account."

https://www.gov.uk/government/publications/universal-credit-and-couples-an-introduction/universal-credit-further-information-for-couples

This is exactly what I meant when I mentioned the system process of dealing with it, as this is the only way the system will know they need to take a ineligible partners income into account on the claim.

With that "2" quote from the gov.uk  under Universal Credit: further information for couples that I have already posted, stating that  "If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.", here is "1".

1. Definition of a couple

The Department for Work and Pensions counts 2 people as being in a couple if they live in the same household and are:

• married to each other
• civil partners of each other
• living together as if they were married

https://www.gov.uk/government/publications/universal-credit-and-couples-an-introduction/universal-credit-further-information-for-couples

2 (already quoted and linked) states-

If one of you isn’t eligible, their capital and income may still be taken into account.

Unless I am missing something, it appears the NRPF partner would then not be taking Universal Credit (a Public Fund) as they are not eligible, but their capital and income are now used in the Universal Credit monthly payment that their settled "partner" (British citizen, ILR, EUSettled Status) is allowed to have?