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SolicitorRM
SolicitorRM, Solicitor
Category: Immigration Law
Satisfied Customers: 4302
Experience:  Director and Principal Solicitor. UK
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I'm on universal credit and pip. My sons are on esa pip and

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I'm on universal credit and pip. My sons are on esa pip and disability premium. If I get a spouse visa for him to live with us will my sons loose their disability premium. They say anyone else lives in house that's not on pip. They loose their benefit. Help
JA: Where are you? It matters because laws vary by location.
Customer: Belfast
JA: What steps have you taken so far?
Customer: I haven't done anything. I can't do if it affects others money
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Customer: replied 3 days ago.
If anyone over age of 18 lives in home with us, they loose their premium ??
Hello,

I've been working hard to find a 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!
Customer: replied 3 days ago.
I'll wait ur response
Good morning, in regards ***** ***** allowance benefit is assessed on the individuals needs and level of care needed therefore if your spouse comes and is working that amount can be taken into consideration how much you should receive.
Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help!
Customer: replied 1 day ago.
My question wasn't about disability benefits. My sons get disability PREMIUM. Will they loose it if someone over 18 lives in home with us. Disability premium is given when all in household are receiving disability allowance.
I was going to apply for a spouse visa for him to come over to my house, will my sons loose their disability premium if he joins household.

Yes if your partner does join then you would loose your disability premium as your partner would not be in receipt of this premium.

Customer: replied 1 day ago.
U didn't answer my question..
Please read my question again, it's disability PREMIUM I was requiring about. If I apply for a spouse visa for him to join me here, both my sons get disability premium. Will they loose it if a adult lives in home with us.
It's given if all in household gets disability benefits. If u don't understand please say
Customer: replied 1 day ago.
EU settlement scheme family settlement. Is for 6 months. Would anyone loose their disability premium under this. If a spouse from another country lives with my family will it affect premium or benefit S.

Good Afternoon, thank you for your enquiry and patience. I am sorry you did not feel previous expert did not answer your enquiry. I will revert to you shortly having reviewed what you have exchanged so far. I am a solicitor in England and Wales.

Customer: replied 1 day ago.
Can u answer the last 2 questions please

Your question is a valid question because usually you cannot have anyone aged 18 or over living with you, unless they are in one of these situations:

  • they get a qualifying benefit
  • they are registered blind
  • they are a subtenant (but not a close relative)
  • they make separate payments to the landlord

Your spouse is coming under the EEA regulations as opposed to the standard immigration route. They will therefore not be subject to immigration control and will not have a bar at having recourse to public funds so as a relative who will be above 18 years of age and living in the same home yes the premium will be lost as soon as the DWP are aware of his moving in.

I hope this answers your question. All the best.

Customer: replied 1 day ago.
What about the 6 month one
Customer: replied 1 day ago.
EU settlement scheme family permit....
How does this work. Will people loose benefits if spouse joins household from Morocco
Customer: replied 1 day ago.
EU settlement scheme family permit. Is for 6 months. If spouse from Morocco comes. Will it affect disability premium of my son's u live in my home

If your spouse is only coming to visit temporarily and has no plans to remain past the 6 months limited time to be in the UK then there is no reason you would declare him as living with you because he is akin a visitor under the standard immigration rules and visitors do not affect British citizens rights to benefits in the UK. If he applies for the settle status whilst here and gets his pre-settled status (which if this question was not solely about benefits he would be best advised to do given Brexit and the complications to return after Dec 2020) then it will not be easy to argue that he was not ordinarily resident with you.

Customer: replied 1 day ago.
Thank you for your help

You are welcome, I am glad I could help. All the best.

SolicitorRM, Solicitor
Category: Immigration Law
Satisfied Customers: 4302
Experience: Director and Principal Solicitor. UK
SolicitorRM and other Immigration Law Specialists are ready to help you