Pag-usapan natin ang Public Funds dahil marami ang nalilito. The “no recourse to public funds (NRPF)” is a condition imposed on someone due to their immigration status. Section 115 Immigration and Asylum Act 1999 states that a person will have ‘no recourse to public funds’ if they are ‘subject to immigration control’. So, mahalaga na pag-usapan natin ang mga bagay na ito.
Claiming a public fund when a person’s immigration conditions prohibit this could affect their current status and future immigration applications. If a person has claimed a public fund when they might not have been entitled to do so then they should seek legal advice from an immigration adviser and a benefits adviser.
My partner is a person subject to immigration control
Kung ikaw ay British na and yung partner mo ay “person subject to immigration control” there are different rules on the benefit you can claim.
If your partner is a person subject to immigration control you must claim Universal Credit as a single person. Kaya lang yung income ng partner mo will be taken into consideration.
If your partner’s leave is subject to a no recourse to public funds restriction, you should seek specialist immigration advice before making a claim, if you and your partner are joint tenants. As your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK.
Income Support; Income-based Jobseekers Allowance and Income-related Employment and Support Allowance
If your partner is subject to immigration control you can claim these benefits as a couple. However, you are normally only paid a personal allowance at the single rate. If you qualify for premiums, these are paid at the couple rate. Your partner’s work, income and capital affect your entitlement to these benefits.
Note: Kung ang partner mo ay subject to a “no recourse to public funds” condition, claiming a couple rate of a premium for her/ him could be regarded as having recourse to public funds, and could affect her/his right to remain in the UK. Therefore get specialist immigration advice before making a claim.
If your partner is a ‘person subject to immigration control’ they are treated as not being a part of your household for Pension Credit. Therefore you are paid as a single person and your partner’s income and capital do not affect your claim. However, you may not get the Severe Disability Addition, because your partner may be counted as ‘normally living with you’.
If your partner is subject to immigration control, this does not affect the amount of Housing Benefit you get. Your partner is included in your claim and you are paid at a couple rate for any allowances or premiums you qualify for.
However, if your partner’s leave is subject to a no public funds condition then this could be regarded as them having recourse to public funds and could affect their right to remain in the UK. Get specialist immigration advice before claiming.
If your partner is a person subject to immigration control, but you are not, your partner is treated as if they are not a person subject to immigration control, and you are entitled to make a joint claim for Working Tax Credit or Child Tax Credit. However, unless you or your partner are responsible for a child, your Working Tax Credit will not include a couple element.
If your partner’s leave is on condition that they don’t have recourse to public funds, they are not regarded as having recourse to public funds if you make a joint claim. This means that their right to remain in the UK is not affected if you make a joint claim for Tax Credits.
Child Tax Credit
When the parent of a British child has leave to remain with NRPF then they will normally be restricted from applying for child benefit or child tax credit if the other parent cannot apply for these unless one of the following exceptions applies:
- They are the family member of an EEA or Swiss national qualified person.*
- They are a national of Algeria, Morocco, San Marino, Tunisia and Turkey and are working lawfully in the UK.
- They are the national of, or a person who has come to live in the UK from, one of the following countries: Barbados, Bosnia-Herzegovina, Canada, Croatia, FYR Macedonia, Israel, Jersey & Guernsey, Mauritius, Montenegro, New Zealand, and Serbia.
- They were entitled to child benefit prior to October 1996.
What are not public funds?
- Child maintenance
- Concessionary travel passes
- Education and student finance
- Free school meals
- Funded early years education and childcare
- Housing association tenancy
- Legal aid
- NHS treatment
- Social services assistance
- Work related to welfare benefits
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