Polish ex partner of British National in Womens Refuge

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  • #44238
    bloorl1
    Participant

    Can anyone clarify this for me

    We have a polish lady in the Womens Refuge. She came to the country to live with a British partner in 2009 and has a child under school age.

    She separated from her British partner and moved in with his mother to care for her on 29/03/12 (carers allowance was in payment to 30/10/12) she is now in the Womens Refuge from 04/11/12.

    Her only income is child tax credit and child benefit.

    Does she come under the destitute domestic violence rules?

    Would she be able to claim Housing and Council Tax Benefit? 

    Any comments would be greatly appreciated.

    #125425
    hagan_j
    Participant

    Hope this extract helps:

    From 1 April 2012, individuals who entered the UK or were given leave to remain in the UK as a spouse, civil partner, unmarried or same sex partner of a British Citizen or someone present in the UK can apply to UKBA for a period of limited leave to remain under the Destitute Domestic Violence (DDV) concession, where the relationship has broken down due to domestic violence. The UKBA will grant limited leave to remain (also known as leave outside the rules / LOTR) for a 3 month period during which time an individual will be expected to have made an application for indefinite leave to remain (ILR) under the Domestic Violence Immigration Rule (Settlement DV).

    If the UKBA is satisfied that someone meets the eligibility criteria to be granted a period of limited leave / leave outside the rules, they will be issued a letter notifying them of the period during which the limited leave / grant outside the roles applies.

    Those individuals who have been granted limited leave to remain under the DDV concession are granted access to public funds and are able to apply for Housing Benefit in the usual way. These claimants should be treated in the same way as other claimants who are not subject to immigration control.

    Evidence Required from Claimant.

    Individuals who choose to make a claim to Housing Benefit will need to confirm their status by providing as evidence the UKBA decision letter granting them leave. They are exempt from both stages of the Habitual Residence Test (HRT).
    The individual is entitled to receive Housing Benefit, as appropriate, until the end of the three month period that limited leave to remain is granted.

    If the UKBA has not made a decision on the application for indefinite leave to remain within the three month limited leave / leave outside the rules period, the claimant continues to have limited leave to remain and eligibility to Housing Benefit until such time a decision has been made. The period of limited leave to remain continues without the need for a formal ‘extension’ by the UKBA.

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