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Nicola-mod
Nicola-mod, Moderator
Category: Immigration Law
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Experience:  Moderator
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I understand if your claiming Carers Allowance you are

Customer Question

I understand if your claiming Carers Allowance you are exempt the financial requirement of £18,600. I am awaiting to apply for a spouse visa under the financial exemption rules. I receive ESA, Carers Premium and a work part time job. I meet the threshold for adequate maintenance.
I am a carer for my father and claim the Carers Allowance for looking after him. However as I am currently on ESA there is an overlap in benefit when claiming Carers Allowance (£66.40). Instead I am awarded Carers Premium (£34.60). Given you can only be awarded Carers Premium if you have a underlying entitlement to Carers Allowance, would I still be exempt from the financial requirement of £18,600.
I have had conflicting views on this matter, many are unsure and a few answers stating I would be exempt. I would like to be confident of my position before apply for the spouse visa.
Submitted: 14 days ago.
Category: Immigration Law
Expert:  Frantz I replied 14 days ago.

Hello

If your husband is British he is your sponsor and should be the one receiving a carers allowance to be exempt not you the spouse.

Customer: replied 14 days ago.
Did you actually read the question? In no way does your response answer my question.
Expert:  Frantz I replied 14 days ago.

First of all are you married to a British citizen? or some one with ILR?

Customer: replied 14 days ago.
I am the British citizen trying apply for my spouse (wife) to come to the UK.
Expert:  Frantz I replied 14 days ago.

Your question said you are awaiting to apply for a spouse visa. You are not applying for a spouse visa it is your wife applying for a spouse visa. So I read your question correctly. So we are clear now that you are the sponsor of your wife's application for a spouse visa.

Customer: replied 14 days ago.
I am the sponsor.
Expert:  Frantz I replied 14 days ago.

Please clarify how someone receiving a carers allowance can also be a carer for someone else. It does not make sense because someone receiving a carers allowance needs care themselves and if they need care themselves how can they then claim they are capable of caring for someone else? The Home Office will not understand this scenario, I certainly don't and this is a very unusual situation. It needs clarification before I can attempt to answer your question. Do you have any evidence clearly confirming you are receiving a carer's allowance? If this scenario is commonplace in Scotland as you stated Scots law then the local authority will need to clarify this to be normal practice before any exemption can be considered on its merits. It s certainly not a scenario I have come across in my years of practice.

Customer: replied 14 days ago.
I claim Carers Allowance for looking after my father who receives Attendance Allowance.I do not need care. The Carers Allowance is the benefit you recieve for looking after someone disabled.Why is that hard to understand?
Customer: replied 14 days ago.
I have a letter from DWP stating my entilement and regular payments into my bank account.
Expert:  Frantz I replied 14 days ago.

Ok all you need is evidence that you receive a carers allowance to be exempt from the financial requirement. If you have a letter from DWP confirming this then you would be exempt. Dont complicate issues with ESA as income from ESA does not count towards the financial requirement. The fact that you are entitled to carer's allowance and you receive carer's allowance to look after your dad and you have the evidence from DWP are sufficient to exempt you.

Customer: replied 14 days ago.
Again this does not answer my question. I know I am exempt if I recieve Carers Allowance, I clearly stated this at the start of the question.My question is and I shall quote " I am currently on ESA there is an overlap in benefit when claiming Carers Allowance (£66.40). Instead I am awarded Carers Premium (£34.60). Given you can only be awarded Carers Premium if you have a underlying entitlement to Carers Allowance, would I still be exempt from the financial requirement of £18,600"None of your answers thus far have given me confidence you understand the question or your level of expertise in this matter.
Expert:  Frantz I replied 14 days ago.

Good luck.

Expert:  Nicola-mod replied 13 days ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 12 days ago.
Hello,Could you please cancel the question and arrange a refund for the deposit paid.Thanks

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