Page 2 | Could I claim universal credit?

dreamerkr · 2022-12-23T18:08:04+00:00

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.

Babyroobs · 23/12/2022 18:54

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).

I would suggest op contacts CAB for advice - most branches will have people who will know how to proceed in terms of immigration advice and benefits. you do need to be careful if claiming for public funds and having no recourse to public funds.

Babyroobs · 23/12/2022 18:55

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).

They don't pay rent. Living with relatives will not count as paying rent.

AndyWarholsPiehole · 23/12/2022 19:39

I’ve submitted our claim as a couple and they asked about his earnings too.

That was so stupid. The home office will now have honk he is trying to claim public funds! It could seriously fuck up his visa.

I wouldn't trust the CAB when it comes to immigration matters. Speak to an actual immigration lawyer.

AndyWarholsPiehole · 23/12/2022 19:39

Think* not honk

RagzRebooted · 23/12/2022 19:41

Babyroobs · 23/12/2022 18:51

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.

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Of course he should, but some men financially abuse their wives, so I was just concerned that may be why OP wanted to claim.

CombatBarbie · 23/12/2022 19:50

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.

With that info I'd say no, the self employment element is in arrears and is taken off anything your entitled too. We claimed it for a month or so when we had a medical issue, the 900 a month from his military pension (so taxed income) meant we were getting 60 a month. We are mortgaged so no housing benefit element etc. So 1900-2500 a month declared on his eaenings would be zero entitlement.

And....... Its household income not just you and him.... You'd need to declare parents income too.

BungleandGeorge · 23/12/2022 19:55

I don’t know why people are giving you such a hard time, you’re perfectly entitled to submit a claim. I know of other people who claim and live with parents (they pay rent to the parents although it won’t count for benefit purposes). Your parents income does not need to be submitted in the claim, it’s your family only! I’m not sure whether you’d get anything on that income, certainly won’t be much if you do, there are online benefit checkers you can put the figures in.

Antigonads · 23/12/2022 19:58

Perhaps because she isn’t exactly in need of benefits 🤷‍♀️

Ilikewinter · 23/12/2022 20:03

Even if you withdraw the claim now it will be logged on the Home office system and the caseworker will be aware of it if/when he applies for ILR.

Lenald · 23/12/2022 20:05

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.

why?? If you’re not entitled you won’t get it. It’s worked out in elements - housing entitlement you obviously won’t be eligible for as you have no housing costs.

if you’re eligible for the rest you’ll get it, but to be honest I’m not sure you will because his income sounds as if is to high.

Lemonlady22 · 23/12/2022 20:06

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.

Exactly….saving to buy a house and wants UC….CF comes to mind!

Lenald · 23/12/2022 20:07

Antigonads · 23/12/2022 19:58

Perhaps because she isn’t exactly in need of benefits 🤷‍♀️

But that’s for the government to decide. She’s not lying on her claim so she’s not doing anything wrong. To be honest with his income and the fact they have no housing costs I don’t think they’ll be entitled to anything any way.

BestMammyEver · 23/12/2022 20:07

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Lenald · 23/12/2022 20:08

CombatBarbie · 23/12/2022 19:50

With that info I'd say no, the self employment element is in arrears and is taken off anything your entitled too. We claimed it for a month or so when we had a medical issue, the 900 a month from his military pension (so taxed income) meant we were getting 60 a month. We are mortgaged so no housing benefit element etc. So 1900-2500 a month declared on his eaenings would be zero entitlement.

And....... Its household income not just you and him.... You'd need to declare parents income too.

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No it’s not. Her parents income is not taken into consideration.

BungleandGeorge · 23/12/2022 20:10

Antigonads · 23/12/2022 19:58

Perhaps because she isn’t exactly in need of benefits 🤷‍♀️

How do you know? If her claim is accepted presumably the government thinks she’s in need of benefits. Presumably they don’t want to stay living with family forever and want to claim to enable a move.

AndyWarholsPiehole · 23/12/2022 20:10

why?? If you’re not entitled you won’t get it. It’s worked out in elements - housing entitlement you obviously won’t be eligible for as you have no housing costs

Because her putting in a claim has just potentially ruined his chances of being allowed another visa/ to settle here.

When you have a spouse that has restrictions on what they can claim it then isn't as simple as just putting in a claim and if refused it's all still fine.

fairgame84 · 23/12/2022 20:12

My husband is on a spouse visa with no recourse to public funds. You've done nothing wrong and it won't be flagged up to the home office.

You have to put in a joint claim. They will then process it and do a habitual residency test. This is when your husbands part of the claim will be closed down as he had no recourse to public funds. They will continue to process the claim in your name only.
If the claim is successful you will need to submit your husbands earnings each month on your journal. You won't get any extra allowance for him but his earnings are taken into account when working out your entitlement.

Lenald · 23/12/2022 20:14

AndyWarholsPiehole · 23/12/2022 20:10

why?? If you’re not entitled you won’t get it. It’s worked out in elements - housing entitlement you obviously won’t be eligible for as you have no housing costs

Because her putting in a claim has just potentially ruined his chances of being allowed another visa/ to settle here.

When you have a spouse that has restrictions on what they can claim it then isn't as simple as just putting in a claim and if refused it's all still fine.

No. It hasn’t.

RaininSummer · 23/12/2022 20:19

Just send a message via the journal on the UC account saying that you wish to withdraw the claim and your husband will need to do the same as it's a couple's claim. It will be just be closed. If you don't close it you will both have the rigmarole of first appointments just to find you are not entitled which you won't be even if he wasn't ineligible as earnings are high enough to wipe entitlement out completely.

Conkered · 23/12/2022 20:24

fairgame84 · 23/12/2022 20:12

My husband is on a spouse visa with no recourse to public funds. You've done nothing wrong and it won't be flagged up to the home office.

You have to put in a joint claim. They will then process it and do a habitual residency test. This is when your husbands part of the claim will be closed down as he had no recourse to public funds. They will continue to process the claim in your name only.
If the claim is successful you will need to submit your husbands earnings each month on your journal. You won't get any extra allowance for him but his earnings are taken into account when working out your entitlement.

I was wondering this might be the case.

If you're worrying OP call the helpline and say what the situation is, that you are applying to see if you as an individual are entitled to any support in your own right (obv won't get any housing element) and that you want to check if you're right that your partner isn't eligible, although his income will be taken into account.

Conkered · 23/12/2022 20:25

X-post

Weepachu · 23/12/2022 20:35

what would the situation be if she was paying a mortgage rather than renting/living with parents? Is that amount deducted from earnings?

Blondeshavemorefun · 23/12/2022 20:41

Not sure why you want to claim uc @dreamerkr

dh earns a very good wage you have no rent /living costs

CheesenCrackersmm · 23/12/2022 20:47

Well this does not sound dodgy at all

😂

flashbac · 23/12/2022 20:56

I thought you had to be working and earning over a certain amount in order to call someone over on a spousal visa?