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Benefits Problem...double Trouble

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#1 bluebird12

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Posted 15 November 2012 - 02:43 PM

Hi John and Everybody ,,,i have a pending case of DLR human rights article 8 family and private life with UKBA ,as i have a british wife and british born 2 children . My british wife has been claiming child benefits, child tax credit alone her name only as we did not know untill today to claim joint name child benefit and child tax credit as i did not have a NI NO. .

Today DWP office phoned and told my wife ,firstly all her child benefits, child tax credit will be stopped because as i am sujbect to immigration control and do not have National Insurance no. so my wife can not claim any benefits anymore. But at the end of phone conversation he said i will send you another application form to claim benefits jointly but no guarantee your wilfe will get any benefits any more.My question is :

1- can we claim child benefit, child tax credit joint name when i do not have National insurance no,? if so . should i leave NI NO. column blank when filling application form for benefits ?

2- can i apply for NI NO for benefits purposes only ( not for work ) , if so, can jobcentre people create problem for me when i do not have right to stay here but however my DLR human rights case is pending with UKBA ? can somebody please help me i am really stressed and worried about it because last resort of income is going to stop...all door closed now.can somebody reply me please... thanks



#2 Annefoxy

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Posted 16 November 2012 - 04:09 PM

How did the Dwp find out your wife had a partner who is subject to immigration control? Did they also mention anything about pressing charges? E.g prosecute and ask your wife to repay back all the money she was paid.


#3 Susi

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Posted 16 November 2012 - 04:35 PM

How did the Dwp find out your wife had a partner who is subject to immigration control? Did they also mention anything about pressing charges? E.g prosecute and ask your wife to repay back all the money she was paid.


His wife is British and is entitled to claim child benefit for their children in her name.

#4 bluebird12

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Posted 16 November 2012 - 05:47 PM

How did the Dwp find out your wife had a partner who is subject to immigration control? Did they also mention anything about pressing charges? E.g prosecute and ask your wife to repay back all the money she was paid.


thanks for replying ......we phoned DWP ourself and told the situation.....my wife is british and allowed benefits.... can somebody else please help me by answering above 2 questions...i would be really thankful....

#5 bluebird12

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Posted 19 November 2012 - 10:12 PM

Hi John and Everybody ,,,i have a pending case of DLR human rights article 8 family and private life with UKBA ,as i have a british wife and british born 2 children . My british wife has been claiming child benefits, child tax credit alone her name only as we did not know untill today to claim joint name child benefit and child tax credit as i did not have a NI NO. . Today DWP office phoned and told my wife ,firstly all her child benefits, child tax credit will be stopped because as i am sujbect to immigration control and do not have National Insurance no. so my wife can not claim any benefits anymore. But at the end of phone conversation he said i will send you another application form to claim benefits jointly but no guarantee your wilfe will get any benefits any more.My question is : 1- can we claim child benefit, child tax credit joint name when i do not have National insurance no,? if so . should i leave NI NO. column blank when filling application form for benefits ? 2- can i apply for NI NO for benefits purposes only ( not for work ) , if so, can jobcentre people create problem for me when i do not have right to stay here but however my DLR human rights case is pending with UKBA ? can somebody please help me i am really stressed and worried about it because last resort of income is going to stop...all door closed now.can somebody reply me please... thanks


can somebody else please help me by answering above 2 questions...i would be really thankful....






#6 kraughl

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Posted 20 November 2012 - 08:50 AM

Bluebird according to HMRC website http://www.hmrc.gov....ew-arrivals.htm you only have a right to claim tax credits if you have a right to reside in the UK. Currently your case is with home office and you have not been granted leave to remain as yet. This would suggest that you do not qualify for tax credits. As for your wife claiming child benefits, she can do so in her name only.

#7 Victoria

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Posted 20 November 2012 - 03:39 PM

That's not true.

The benefits must be claimed in joint names. There are numerous threads on this .

#8 firefox101

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Posted 20 November 2012 - 04:46 PM

Yes you can claim jointly that is wot we r doing

Edited by firefox101, 20 November 2012 - 05:06 PM.


#9 firefox101

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Posted 20 November 2012 - 04:57 PM

I wrote at the back of the appeal letter and so whereever that went... They also read what i had to say about the injustice of it all. We had started wearing torn socks as well as clothes. 5 pound fuel for car and even contemplated gettin rid of it as we cud not afford it, paid car insurance wiv clenched teeth as u can imagine. And ah oh.. Tesco chicken wings... Thighs are a luxury!

#10 firefox101

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Posted 20 November 2012 - 04:59 PM

I wrote at the back of the appeal letter and so whereever that went... They also read what i had to say about the injustice of it all. We had started wearing torn socks as well as clothes. 5 pound fuel for car and even contemplated gettin rid of it as we cud not afford it, paid car insurance wiv clenched teeth as u can imagine. And ah oh.. Tesco chicken wings... Thighs are a luxury! We got so experienced at buying cheaply we could buy weeks worth shopping for 10 pounds!!!





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