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Original poster

Could I claim universal credit?

89 replies

dreamerkr · 23/12/2022 18:08

I have no idea how this works as will be obvious haha. I live with my husband who is self employed and he came from abroad on spouse visa. He doesn’t have indefinite leave just yet, he will do after a year. I’m a British citizen so I’m guessing that I will be able to claim UC but not my husband? I’m unemployed and taking care of my 2 month old DC at home, I just finished studying a few months back. I know lots of other factors come into this too, but the main question is would I be able to claim UC? I’m aware that I have to link my info with my husbands, but surely I will be able to get it as I’m a British citizen? So sorry if I don’t make any sense. Oh and DH is paid around £2500 a month if that’s taken into account.

OP posts:
caringcarer · 23/12/2022 18:13

Is the £2500 a month gross or net? I don't think you will be able to claim if you live with your DH. He is supposed to support you. You might be able to claim maternity pay if you have previously worked. You could claim child benefit for your DC. There are calculators on Turn2us you could look at.

Overthebow · 23/12/2022 18:17

is £2500 take home pay? So around £42k per year before tax? I don’t think you’ll get UC with your household income that high. Have you applied for child benefit?

BuffaloCauliflower · 23/12/2022 18:20

You have to claim as a couple and your husbands income will be included in your claim even if he doesn’t have indefinite leave to remain. Do you a mortgage or rent together? Is £2500 is pre or post tax pay?

AndyWarholsPiehole · 23/12/2022 18:21

If he has no recourse to public funds then think very very carefully before you try to claim universal credit or any benefits and check with an immigration solicitor.

Many British people with spouses with no recourse to public funds can't access benefits they would normally be entitled to. It was a huge issue during the pandemic, many households were plunged into deep poverty.

Babyroobs · 23/12/2022 18:33

You would receive single standard element but would need to put him on the claim and his earnings would be counted and would likely wipe out any Uc unless you have high rent to pay.

Batbatbatty · 23/12/2022 18:35

@dreamerkr you also live with your in-laws, correct? You'd have to see if that also makes a difference.

Babyroobs · 23/12/2022 18:36

Babyroobs · 23/12/2022 18:33

You would receive single standard element but would need to put him on the claim and his earnings would be counted and would likely wipe out any Uc unless you have high rent to pay.

Sorry to be clear- you make a joint claim but he will not be paid any standard Uc so you will only get single standard element, child element and rent element if you rent. Then his earnings are taken into account and will reduce your total UC possible to zero depending on rent etc.

Original poster
dreamerkr · 23/12/2022 18:37

That’s before taxes. It’s different each month tbh as he’s self employed. Sometimes £2000 a month, sometimes £1900 too. Yes, im getting child benefit.

I’ve submitted our claim as a couple and they asked about his earnings too. We’re living with my parents right now until we buy our own house, not paying rent or anything like that. I’m just so confused about all this.

OP posts:
FatAgainItsLettuceTime · 23/12/2022 18:39

dreamerkr · 23/12/2022 18:37

That’s before taxes. It’s different each month tbh as he’s self employed. Sometimes £2000 a month, sometimes £1900 too. Yes, im getting child benefit.

I’ve submitted our claim as a couple and they asked about his earnings too. We’re living with my parents right now until we buy our own house, not paying rent or anything like that. I’m just so confused about all this.

So no housing costs, no bills and £1800-2500 a month disposable income. Why would you need to claim UC?

RagzRebooted · 23/12/2022 18:39

Would depend what your rent is, I'm on £30k a year and DH currently not working (long term sickness) and we have 3 DCs and only get enough to cover our rent and about £100 more.
If you DH isn't eligible for benefits it will be a lot more complicated as you'll have to declare his income but won't get the element for him, so only a single person allowance (plus DC).

UrsulaPandress · 23/12/2022 18:40

What @FatAgainItsLettuceTime said

Original poster
dreamerkr · 23/12/2022 18:41

I’m now thinking I made a mistake to make the claim. Not sure I want it. I can’t do anything about this now, can I? I’m so stupid.

OP posts:
NoAlexa · 23/12/2022 18:41

FatAgainItsLettuceTime · 23/12/2022 18:39

So no housing costs, no bills and £1800-2500 a month disposable income. Why would you need to claim UC?

Show quote history

Fair question

Babyroobs · 23/12/2022 18:41

Batbatbatty · 23/12/2022 18:35

@dreamerkr you also live with your in-laws, correct? You'd have to see if that also makes a difference.

If not paying rent ( and living with relatives does not count) then on earnings of £2500 a month there is no chance of any UC. Standard single element assuming op is over 25 is £334.91 and child element is £244.58. So total UC = £579.49. partners wages are £2500 minus higher work allowance of £573 x0.55 ( taper rate) = £1059.85 deductions thus wiping out any UC entitlement.

RagzRebooted · 23/12/2022 18:41

dreamerkr · 23/12/2022 18:37

That’s before taxes. It’s different each month tbh as he’s self employed. Sometimes £2000 a month, sometimes £1900 too. Yes, im getting child benefit.

I’ve submitted our claim as a couple and they asked about his earnings too. We’re living with my parents right now until we buy our own house, not paying rent or anything like that. I’m just so confused about all this.

Then no, your income isn't low enough for UC if you don't have rent to pay. You're already earning enough to cover the amount UC says you need to live on (plus more).
I'm surprised you think you need it, most families with a single income are losing over a third of their income to rent/mortgage.

Original poster
dreamerkr · 23/12/2022 18:42

Thank you so much. ❤️

I don’t think we really need it tbh. Not right now anyway.

OP posts:
Babyroobs · 23/12/2022 18:44

dreamerkr · 23/12/2022 18:42

Thank you so much. ❤️

I don’t think we really need it tbh. Not right now anyway.

You may as well keep the claim open now you have made it but your partner will need to go for self employment interview, report variable earnings each month etc. being self employed on UC is not straight forward !

America12 · 23/12/2022 18:44

dreamerkr · 23/12/2022 18:41

I’m now thinking I made a mistake to make the claim. Not sure I want it. I can’t do anything about this now, can I? I’m so stupid.

No they'll just turn down your claim.

RagzRebooted · 23/12/2022 18:45

If you're wanting to buy a house you'll need to look into building up DH's credit rating if you want a mortgage and he hasn't been in the UK long. I don't know much about mortgages, but I do know they are stricter with self employed people these days and need several years accounts. Plus a credit history.
I don't know about the impact of his residency status on a mortgage application, you'd need specialist advice.

IsItaCowIsItaPlane · 23/12/2022 18:46

dreamerkr · 23/12/2022 18:42

Thank you so much. ❤️

I don’t think we really need it tbh. Not right now anyway.

So why are you trying to claim it?

RagzRebooted · 23/12/2022 18:47

Are you claiming child benefit?
If your DH giving you enough money for you and the baby?
Concerned you wanted UC so you had some money of your own...

Blowyourowntrumpet · 23/12/2022 18:49

It looks very much like you don't need the money. Sorry, but it's people like you who give benefit claimants a bad name. I hope your claim is refused and that you're thoroughly ashamed of yourself.

Babyroobs · 23/12/2022 18:51

RagzRebooted · 23/12/2022 18:47

Are you claiming child benefit?
If your DH giving you enough money for you and the baby?
Concerned you wanted UC so you had some money of your own...

Op may be able to claim MA if she has worked but looks like if she has been a student for some years then not much chance of claiming anything other than child benefit as she won't have paid any NI contributions or worked enough. Therefore her partner is expected to support her in full.

Enjoychristmas · 23/12/2022 18:52

if you haven’t you should have asked them to close your partner’s side of the claim to make clear (to home Office and Department of work and pensions) that your partner is not trying to access public funds. This is just to make sure of no issue in future even though your partner may not actually get anything. (Might have happened anyway).

Babyroobs · 23/12/2022 18:52

Blowyourowntrumpet · 23/12/2022 18:49

It looks very much like you don't need the money. Sorry, but it's people like you who give benefit claimants a bad name. I hope your claim is refused and that you're thoroughly ashamed of yourself.

That's a bit harsh. I expect many people claim because they can and not because they need the money. I'm thinking of people who own their houses outright or live with relatives rent free- they can still claim the same( based on earnings) as someone paying a 1k mortgage each month !!!