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Top Other benefit issues topic #489

Subject: "sponsorship undertakings" First topic | Last topic
Emmab
                              

Caseworker, North Kensington Law Centre - London
Member since
26th Jan 2004

sponsorship undertakings
Wed 20-Oct-04 02:48 PM

Can anyone direct me to the legislation concerning which benefits cannot be claimed while you are subject to a sponsorship agreement?

CPAG(p.658) states that you cannot claim public funds, but then also says that this applies to means tested benefits only. Also say that you are a PSIC for benefit purposes.

Am particluarly interested in AA and CA. Contributory benefits are not an issue.

Sponsorship undertaking definitely signed, sponser not dead, 5 years not elapsed.

  

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Replies to this topic
RE: sponsorship undertakings, shawn, 20th Oct 2004, #1
RE: sponsorship undertakings, shawn, 20th Oct 2004, #2
      RE: sponsorship undertakings, Emmab, 25th Oct 2004, #3

shawn
                              

Charter member

RE: sponsorship undertakings
Wed 20-Oct-04 03:02 PM

... is section 115 of the imm and asylum act 1999 @ http://www.hmso.gov.uk/acts/acts1999/90033--f.htm#115

115(9) prescribes those who have leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking as a "person subject to immigration control"

subsequent regs were also issued in relation to, for example, tax credits

(nb - for AA and CA see also the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 @ http://www.hmso.gov.uk/si/si2000/20000636.htm ... that provide for exceptions to the s.115 exclusion)

  

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shawn
                              

Charter member

RE: sponsorship undertakings
Wed 20-Oct-04 03:05 PM

sorry .... to complete the answer .....

... the consequential amendment regs, at part II, provide for "Persons not excluded under section 115 of the Immigration and Asylum Act from entitlement to attendance allowance, severe disablement allowance, invalid care allowance, disability living allowance a social fund payment or child benefit" as including

.... "A person who has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person or persons pursuant to the immigration rules within the meaning of the Immigration Act 1971, to be responsible for his maintenance and accommodation"

  

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Emmab
                              

Caseworker, North Kensington Law Centre - London
Member since
26th Jan 2004

RE: sponsorship undertakings
Mon 25-Oct-04 12:42 PM

Thanks Shawn!

  

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