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Top Other benefit issues topic #3297

Subject: "access to benefits" First topic | Last topic
Lin
                              

Welfare Benefits Service Co-ordinator, National Deaf Children's Society
Member since
02nd Sep 2004

access to benefits
Thu 13-Mar-08 11:14 AM

anyone with knowledge of right to reside issues able to help me with is one?

family consists of a British dad who is working full time and a mum, who cares for the deaf child full time and does not work. Mum however does not yet have the permanent right to live in the UK (apparently she has a renewable 2 year visa).

Q. The child does get DLA, can mum claim Carer's Allowance?

Q> Can dad apply for child tax credit though (and perhaps working tax credit as well)?

  

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paul__moorhouse
                              

welfare rights trainer and writer, freelance Bristol
Member since
14th Feb 2008

RE: access to benefits
Sat 15-Mar-08 01:37 PM

I think that you need to check in more detail what the mother's immigration status is.

You don't say where she is from. I suspect, that she is a non-EEA national who has entered UK as a spouse with limited leave to remain for the first two years. This means that she has a right to reside, so she should not be caught by these rules.

HOWEVER, she would be a 'person subject to immigration controls' which prevents her claiming certain benefits and her entry permit will have been issued with the condition that she DOES NOT HAVE RECOURSE TO PUBLIC FUNDS. If she claims any benefits which are classed as public funds then she will be putting her immigration status at risk. She could be deported, or have her application for leave to remain at the end of the two year period refused.

Ask to see her passport, the entry stamp should make the position clearer. If you are still uncertain, get advice from an immigration adviser.

If my hunch is right, then she should not claim CA, as this benefit is classed as public funds.

Tax credits are also public funds, but where one member of a couple is in any event entitled to claim them a joint claim will not be treated as recourse to public funds, so this claim can be made.

You do not mention housing benefit and council tax benefit. But similar caution should be exercised before claiming these. If her partner has 'additional' recourse to these benefits as a result of including her in his claim then she will have had recourse to public funds and her immigration status will have been compromised.

See chapters 57 and 58 of the CPAG handbook for more information.

  

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