If you receive Council Tax Reduction (formerly called Council Tax Benefit) you may worry what the situation will be when your Filipino spouse settles in the UK. Generally speaking you cannot get more public funds than you would otherwise get as a single person. A problem arises with Council Tax Reduction (CTR) because of the 25% discount a sole occupier receives. For example, say your Council Tax bill, before single person discount, is £1,000, the Council Tax liability would be £750 after the discount is applied. If you receive Council Tax Reduction it will be a reduction on that £750 bill. With a 100% Council Tax Reduction your £750 bill becomes zero. But when your partner comes here, you will immediately be liable for a £1,000 yearly Council Tax bill. If you apply for Council Tax Reduction it will be on the £1,000 bill. With a 100% Council Tax Reduction your bill would be zero. So, just because your partner came here, you would received an extra £250 in Council Tax Reduction which means you have received extra public funds because your Filipino partner is now living with you. I asked my local Council about this and they indicated there was a test case on this a few years back. They are unable to say what the case is or on what legislation it depends on, but my understanding is that as soon as my wife gets National Insurance Number I can get Council Tax Reduction on the full Council Tax liability without having to worry about the fact that my wife will not have access to public funds. I have searched the Internet to try and verify this but have been unable to do so please proceed with caution if you apply for Council Tax Reduction. If my local Council is wrong and an application for Council Tax Reduction is treated as giving your partner access to public funds, it could be detrimental at the FLR(M) stage.
Howerd, Your correct and you're right to be need to be cautious. However there are many 'benefits' that can claimed by a couple where one is restricted to 'no recourse to public funds' as long as the 'rules' are followed. I'll post some links when I get a decent internet signal. Sunday is always tricky here. Your local council should be aware of the options. In principle your Council Tax Reduction should be based on an 'applicable amount' In your case the amount it was before your partner was living with you. It works on the same principle as the calculation for Housing Benefit where the 'applicable amount' is considered as being based on a single person/lone parent rather than a couple. Should be a number of tribunal reports published on this and similar. Keep digging Alternatively, if you cannot feel comfortable follow the route of Dublin boy and forget the CTR
@Micawber I am not sure that it is possible to claim Council Tax Reduction based on me being a single person, which was the reasonfor my initial post. I am going to try and clarify what I was told over the phone by the benefits department of the local Council (in writing) just so that no problem can arise later, particularly at the FLR stage.
Howerd, I do understand your position and as I said you do need to apply caution. I've always strongly recommended a strategy of minimising risks so would never advise anyone to 'take a chance' I'll do my best to provide links etc that can help you in you discussions with your local council. Maybe it's a local council 'thing' but many councils will make payments/reductions based on the 'applicable amount' Perhaps some will not run with that. Apologies if I add links you already explored but they may be helpful for others too The Home Office publication called Public Funds is here:- https://www.gov.uk/government/uploa...nt_data/file/284160/Public_funds_v12_0EXT.pdf There is a section under the heading of "Public Funds that can be claimed due to exceptions" On page 17 it covers two benefits that must be claimed jointly by couples and says Let's see what further information we can uncover. We really need to find those legal provisions to pay benefit at a single person rate. Anyway here's another link just to start the ball rolling:- http://www.housing-rights.info/03_9_Work_permit_holders.php#limited-leave Where it states:- Interesting point concerning NINO
@Micawber According to the local Council there are no provisions for Council Tax Reduction (CTR) to be payable at a single person rate where partners are living in the same property, so it was interesting they told me that CTR is available at the full rate when two or more persons are living in the property provided one of them is eligible for Council Tax Reduction and the partner subject to Immigration control has a National Insurance Number (NINO) That was the main thrust of my original post. I did question them on the phone as I knew I had seen no exemptions listed in the government's public funds document, that you provided a link to. When I finished the phone call I also thought what would happen during the few weeks it takes to get a NINO, so it is interesting to note that you found CTR is still available at the full rate as long as a NINO has been applied for. So, I will try to get my wife booked in for her NINO application as soon as she arrives in the country. She can collect her BRP just before she goes to the JobCentre to apply for her NINO. To apply for her NINO is fairly easy with her BRP in hand - I just have to provide a letter confirming her address. You are also correct about Working Tax Credit and Child Tax Credit which is mentioned in the Public Funds document. A similar exemption applies to Child Benefit, which is not mentioned in that document - as long as the child is British and/or the partner is entitled to claim Child Benefit, then a claim can be made for Child Benefit. Similarly, it may also be possible for the partner from overseas to claim other public funds without it affecting their right to remain in the UK but, like you say, proceed with caution. The public funds that may be payable to the partner subject to Immigration Control include: • Child Benefit (if the child is not British, the partner without immigration control should make the claim) • A Social Fund Payment • Attendance Allowance • Severe Disablement Allowance • Carer’s Allowance • Disability Living Allowance (Northern Ireland Tribunal decision, which carries some weight in the rest of the UK) As you indicated @Micawber Child Tax Credit and Working Tax Credit are claimed jointly. Provided that one partner is not subject to Immigration Control, these two benefits can be claimed jointly. It is interesting to note that even where it is only the partner subject to immigration that is working, Working Tax Credit can still be claimed, though certain elements of WTC cannot be claimed. Some countries, including The Philippines, also have reciprocal Social Security agreements with the UK but this does not give entitlement over and above citizens of other non-EU countries to public funds, but it does ensure they can access contributory benefits. With any of these claims for public funds, care has to be taken, so expert advice should be sought so as not to jeopardize any right to stay in the UK.
@Micawber According to the local Council there are no provisions for Council Tax Reduction (CTR) to be payable at a single person rate where partners are living in the same property, so it was interesting they told me that CTR is available at the full rate when two or more persons are living in the property provided one of them is eligible for Council Tax Reduction and the partner subject to Immigration control has a National Insurance Number (NINO) That was the main thrust of my original post. I did question them on the phone as I knew I had seen no exemptions listed in the government's public funds document, that you provided a link to. When I finished the phone call I also thought what would happen during the few weeks it takes to get a NINO, so it is interesting to note that you found CTR is still available at the full rate as long as a NINO has been applied for. So, I will try to get my wife booked in for her NINO application as soon as she arrives in the country. She can collect her BRP just before she goes to the JobCentre to apply for her NINO. To apply for her NINO is fairly easy with her BRP in hand - I just have to provide a letter confirming her address. You are also correct about Working Tax Credit and Child Tax Credit which is mentioned in the Public Funds document. A similar exemption applies to Child Benefit, which is not mentioned in that document - as long as the child is British and/or the partner is entitled to claim Child Benefit, then a claim can be made for Child Benefit. Similarly, it may also be possible for the partner from overseas to claim other public funds without it affecting their right to remain in the UK but, like you say, proceed with caution. The public funds that may be payable to the partner subject to Immigration Control include: • Child Benefit (if the child is not British, the partner without immigration control should make the claim) • A Social Fund Payment • Attendance Allowance • Severe Disablement Allowance • Carer’s Allowance • Disability Living Allowance (Northern Ireland Tribunal decision, which carries some weight in the rest of the UK) As you indicated @Micawber Child Tax Credit and Working Tax Credit are claimed jointly. Provided that one partner is not subject to Immigration Control, these two benefits can be claimed jointly. It is interesting to note that even where it is only the partner subject to immigration that is working, Working Tax Credit can still be claimed, though certain elements of WTC cannot be claimed. Some countries, including The Philippines, also have reciprocal Social Security agreements with the UK but this does not give entitlement over and above citizens of other non-EU countries to public funds, but it does ensure they can access contributory benefits. With any of these claims for public funds, care has to be taken, so expert advice should be sought so as not to jeopardize any right to stay in the UK.
Whatever is discovered unless there is legal provision the local councils will do what they want anyway. There's still some potential 'digging' to be done in the immigration rules. I'll get around to it soon.
