No Recourse To Public Funds

[lastlid]

From pages 23 and 24 of the document posted by Win2Win on Public Funds

"This page lists the benefits that a person who is subject to immigration control can claim when their sponsor has signed a maintenance undertaking.
A maintenance undertaking is a written agreement given by a sponsor. It states that they will be responsible for the maintenance and accommodation of a person subject to immigration control while they are in the UK. It is an offence under the Social Security Administration Act 1992 for a sponsor not to maintain people who they are responsible for who then claim contributory based benefits because of this. These benefits may also be recovered from the sponsor.
The Home Office may take appropriate steps to recover amounts from the sponsor that were provided under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers) to a person being sponsored.

People granted indefinite leave on the conditions of a maintenance undertaking


A person who has been granted leave and whose sponsor has signed a maintenance undertaking can claim the following funds:
 Attendance allowance
 Carer’s allowance
 Child benefit
 Disability living allowance
 Severe disablement allowance
 Contributory related employment and support allowance - ESA (C)
 Social fund payment.
They have full access to public funds:
 once they have been resident in the UK for five years, or
 if it has been five years since the maintenance undertaking was signed, whichever is the later date,if they have been resident for less than five years but their sponsor has died.
The additional funds they can claim are:
 Child tax credit
 Council tax benefit
 Housing benefit
 Income-based jobseeker’s allowance
 Income support
 Income related employment and support allowance - ESA (IR)
 Social fund payment
 Working tax credit."

[briancol]

hi,im recieving carers allowance at the moment but in July this year (2013) in go onto Pension Credit as i'm @ that age now,can you tell me how long my wife has to be living in the UK before i can claim for her as well.up to now we've been living on my single persons carers allowance.thanks.

[Terpe]

hi,im recieving carers allowance at the moment but in July this year (2013) in go onto Pension Credit as i'm @ that age now,can you tell me how long my wife has to be living in the UK before i can claim for her as well.up to now we've been living on my single persons carers allowance.thanks.

What's the immigration status of your wife?
Until your wife has ILR there are a number of restrictions in place due to her 'no recouse to public funds' condition.

As for claims made in your name, you are limited to claim only what you would have been eligible to claim for had your wife not been here.
(there are a couple of exceptions such as working Tax Credits and Child Tax Credits).

Are you sure it's Carers Allowance you're receiving ?

Carers allowance is paid to one person only.
More than one person in the same household can claim Carer’s Allowance, but they must be caring for different people.
For example a husband can be caring for his wife and his wife may may be caring for someone else who lives with them. In which case, both the husband and wife can claim Carer’s Allowance.
Or let's say if both parents are caring for two disabled children and both meet the qualifying conditions for Carer’s Allowance, each could claim Carer’s Allowance for caring for one of the disabled children.

If you claim Carer's Allowance, it could affect the amount of benefit the person you care for receives.

I'm not a benefits advisor. You may find this link useful - Benefits Adviser

[briancol]

hi Terpe.yes ive been on carers allowance for a number of years,i care for my elderly mother,my wife arrived here in June last year (2012) about 10 months or so,but as i go onto pension credit in July i wondered if/when i could claim for her as well,her passport says 'no recourse to public funds' but how long does that apply? also i'm not sure what ILR is.thanks.

[joebloggs]

also i'm not sure what ILR is.thanks.

you better start reading about it

http://www.ukba.homeoffice.gov.uk/vi...led/spouse-cp/

[Terpe]

hi Terpe.yes ive been on carers allowance for a number of years,i care for my elderly mother,my wife arrived here in June last year (2012) about 10 months or so,but as i go onto pension credit in July i wondered if/when i could claim for her as well,her passport says 'no recourse to public funds' but how long does that apply? also i'm not sure what ILR is.thanks.

Brian, sorry for the abbreviation. ILR is Indefinite Leave to Remain. Once your wife has been living in UK for the 24 months she will be eligible to apply for ILR and then she'll be free all immigration constraints, especially the 'No recourse to public funds'. That 24 months qualifying period must be as your wife. It doesn't include time here as Fiancee.
When she has been here in UK for 3 years she can apply for British Citizenship. This time the 3 years will include time here as Fiancee.

Unfortunately Brian the ILR visa is rather expensive. Currently it stands at £1051

Brian does your wife work?