Limited Leave To Remain & No Recourse to Public Funds

Hi please can someone help me with this problem.
My client has limited leave to remain in UK with no recourse to puiblic fund. He is working and earning £700 net monthly. His wife has ILTR, was working as a nurse.
CL’ wife recently been taken to the police custody for beating up her children, she was the main bread winner in the family. CHB & CTC are also in her name. She may or may be granted bail… in the mean time CL is very much suffering financially as unable to cover his rent, CT and other costs with the low income.

CL is afraid to contact the social services, in case he ends up losing his chidlren tp them. I wondered if he coudl have CHB & CTC transfered into his name under the circ, however it MAY affect is imigration status at later stage.

Sorry not a reply to your query which is best addressed by others far more experienced in questions of immigration, but….i’m surprised social services are not already involved due to the reasons for the mother being in police custody…?

Thanks Nicky, as the my cilent is there to support his chidlren, SS will not get involve. I am only trying to find out if he could claim HB, CHB & CTC under the circ in his name, nothing in cpag.

Sophia, see current CPAG handbook page 1203- ‘Who is paid’- third bullet point (and reference to reg 34 of the claims & payments regs).

In summary, he has no recourse so can’t receive the CTC/CB in his own name, but HMRC may agree it is in the interests of the children for it to be paid to him instead of her. Doesn’t work for HB but presumably HB is still in payment anyway.

However, realistically it is likely to take HMRC some time to make a decision on it so the family may well be forced to rely on help from other sources in the short term.

Thank you so much 1964,
you guyz are God sent, Have a good day

I was reading something the other day about tax credits and someone being paid under destitute domestic violence. Apparently HMRC have a team that deals specifically with that type of scenario.

http://www.hmrc.gov.uk/manuals/tcmanual/TCM0290150.htm

hopefully this link will take you to the right bit of their guidance and will be of use

Thanks Tony, yes of course it was a joint claim in the first place so all he will need to do is to inform TC of the COC.
Thans again

“as the my cilent is there to support his chidlren, SS will not get involve”
I am not an expert in Child Protection either but I am very puzzled by this. I thought that Children’s Services have a statutory duty to get involved where a child is at risk of harm. Surely a parent being investigated by the Police for violence against her children would give rise to Child Protection procedings. It seems odd.
Does your organisation ahve a Child Protection policy? Is there any duty on you to contact Children’s Services to check what the situation is?

If the mother is on remand she can make a HB/CTS claim. The only problem with that, if she is still earning, will be that their joint income may be to high for entitlement to HB/CTS?

Isn’t HB/CTR already in payment or have a misunderstood?