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Top Income Support & Jobseeker's Allowance topic #7181

Subject: "Marriage to Foreign national" First topic | Last topic
tattygrass
                              

Outreach Worker providing benefit/debt guidance, South West Pound, Devon
Member since
18th Mar 2009

Marriage to Foreign national
Mon 06-Jul-09 12:14 PM

Would be very grateful for some advice.

Client (who is deaf) is presently in receipt of IS, SDA, CB, CTC, DLA (LR Mob & MR Care). She lives in an Housing Association property and gets full HB & CTB.

She met her husband to be in this country approx 3 years ago. He is from Mexico and had been working here for about 10 years but I think he may have overstayed on his visa. They married Feb of last year in Mexico and daughter born June last year. Originally he was not allowed to re-enter the UK and marriage considered a sham but it has been to court etc and he is now allowed to enter but has no recourse to public funds for 2 years (so I am told).

She is 30 and he will be 40 in August.

Husband is due to come here shortly and client is concerned that her benefits will be substantially reduced - is this likely to happen? If it is, which benefits will be affected?

Unfortunately I do not have access to the CPAG Welfare benefits book so not able to check this up for myself.

Many thanks.

  

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Replies to this topic
RE: Marriage to Foreign national, ariadne2, 06th Jul 2009, #1
RE: Marriage to Foreign national, tattygrass, 07th Jul 2009, #2
RE: Marriage to Foreign national, alexjose, 10th Jul 2009, #3
RE: Marriage to Foreign national, tattygrass, 14th Jul 2009, #4

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Marriage to Foreign national
Mon 06-Jul-09 06:54 PM

What nationality is your client? Is she settled in the UK or having British nationality? This sounds likely as it sounds as if he is coming in a a spouse visa which is only given to the spouse of someone settled (or better.)
If so then indeed he has no recourse to public funds BUT he is entitled to work. The "no recourse" rules means no additional recourse, so those bens which are not affected by the number of adults in the household (HB, notably) are not affected. Nor is her DLA (but he cannot claim carer's). If she is currently claiming IS as a single aprent that will ahve to stop, becsue she won't be any more, but she could still claim on the grounds of incapacity for work but at the single adult rate. If he is not working then her CTC will be unaffected (I think).
However once he works it will be but I don't know exactly how this would work. There will be plenty of people out ther who can tell you! DWP gets you coming and going - no extra benefit for your spouse but any resources he has are treated as yours. But I don't think he would be able to claim WTC.

  

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tattygrass
                              

Outreach Worker providing benefit/debt guidance, South West Pound, Devon
Member since
18th Mar 2009

RE: Marriage to Foreign national
Tue 07-Jul-09 07:38 AM

Yes, my client is British. I will check out the issue of IS with her to see if she was in receipt of it before her daughter was born or if she only qualified after the birth. It does seem another unfair part of the system when marrying someone puts you at a financial disadvantage!

Many thanks for your help.

  

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alexjose
                              

Welfare Rights Training and Support Officer, Birmingham City Council Birmingham
Member since
31st Mar 2006

RE: Marriage to Foreign national
Fri 10-Jul-09 03:01 PM

just a quick addition - husband would be able to claim WTC although they have mixed immigration status. If the marriage broke down within the first 2 years then he would not be able to claim it as a single person but no problem if part of a couple.

  

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tattygrass
                              

Outreach Worker providing benefit/debt guidance, South West Pound, Devon
Member since
18th Mar 2009

RE: Marriage to Foreign national
Tue 14-Jul-09 12:43 PM

Alexjose Thanks for that additional information - very helpful.

  

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Top Income Support & Jobseeker's Allowance topic #7181First topic | Last topic