... hello again to all

have a cl. who is bulgarian and is in receipt of i.s, h.b / c.t.b.
she is due to start work 15/08/08 and will claim w.t.c etc because she is a lone parent and will be working 16 hours per week.
her boyfriend is coming to uk 12/09/08 and is looking to :
live on his own and find employment, or ;
live with cl. and either work or look for work.

my theories are :
if lives on own and works can claim in work benefits as a worker, and should register with the home office if not self-employed.
if doesn't work and lives with cl. what effect would this have on her benefits, ie :
would she have to notify tax credits and h.b / c.t.b that she is part of a couple even though he will not have a right to reside etc.

all suggestions / thoughts greatly appreciated and have a top weekend all ...

pete

please please please ...help !
can anyone confirm if my theories are correct and should cl. inform relevant benefit offices of her partner residing with her ?

hope everybody's good ...

pete

Does your client have Indefinite Leavto Remain?

Ifhe cmes she might be better off staying single until he starts working, but Bulgarians still dont have the rights to work freely.

This is I think on the same lines as Antonina: how the heck did a Bulgarian ever get to be on IS? If they came in under the new A2 regulations, it ought to have been impossible - it's hard enough for any EU national to do.
If she had been working in the UK on a work permit long enough to be given indefinite leave to remain - and had actually got it - we might be in a different game altogether.

Hi ariadne2,
the other thing is that she could've been a dependent and then been in UK for 5 years gives her the rights to apply for indefinite. Well at least this was my case I am also bulgarian, but have been working for the past 5 years.

so I would've adv. the client above to stay single and see what happens with this boyfriend as it is hard to find jobs at the moment and probably he doesnt speak any english.

wotcha aridne2 and antonina, and as ever, your replies have given me food for thought but maybe i should've explained things a bit more clearly ...

cl. was married to uk citizen and has 8 year old child here in education.
they separated, she claimed means tested benefits.
boyfriend now come to uk from bulgaria and your right, speaks very little english, but is going to register as elf-emplyed as he is a carpenter.

my q.s are should cl. notify w.t.c / c.t.c, h.b / c.t.b if they are living together, and if so will she lose her 25 % reduction in council tax and be treated as a couple for these benefits if he is not in work ...

hope this clears matters up but if not please feel free to prompt me for further info.

good to know you're still about ariadne 2, and nice to meet you antonina.
have a great week all ...

pete

Hi Pete, that helps a lot.

If she came in on a spouse visa that would make a lot of sense and she could then have applied for indefinite leave to remain - seems likely.

If he is self employed (I like elf-employed, sounds like Santa's workshop) then there shouldn't be a problem bec he's a quslified person - needs to notify wtc/ctc and LHA to claim for both of them. If he's not working it shouldn't affect HB/CTB but I'd be worried about WTC and CTC. He needs to get himself set up as self-employed PDQ.

"my q.s are should cl. notify w.t.c / c.t.c, h.b / c.t.b if they are living together, and if so will she lose her 25 % reduction in council tax and be treated as a couple for these benefits if he is not in work ..."


yes, yes, and yes. Failure to notify a change in her circumstances, like having a partner come to live with her, may result in an overpayment which she will have to repay. It may not affect her benefits negatively if he isnt working, but in any case, the relevant people need to be told so proper decisions can be made, and potential overpayments avoided.

Hi guys,
as far as i am aware bulgarian nationals can not claim benefits even if they are self-employed or have i missed something for all those years i've been in UK?

i am bulgarian but we didnt have the rights to claim benefits until our indef. leave to remain. I might be wrong dont know

therefore will check few things

hello all
and thanx for all your responses, very helpful !!!

antonina ... pages 1365 - 1367 will help re : a2 national benefit entitlement and working etc ...

hope all have had a good day and have an even better evening.

pete

Thank you Pete