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  1. #1
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    Default Statutory maternity pay entitlement

    Hi guys, my wife is living with me in the uk on a spouse visa (arrived in april) and has just starting working for a well known pizza company. Next year we're hoping to start a family and I wanted to know if my wife would be entitled to statutory maternity pay or not, as she has 'no recourse to public funds'. Thanks in advance.

  2. #2

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    No recourse to public funds but a pizza company isn't public although they'll claim back via govnt

    Tell her to ask them, there's your answer, if they say yes, get it in writing


    Sent from my iPhone using Tapatalk

  3. #3
    Moderator Tobias's Avatar
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    Yes, she is entitled to SMP as that is a benefit based on NI contributions. The 'no recourse' benefits are:

    income-based jobseeker’s allowance
    income support
    child tax credit
    universal credit
    working tax credit
    a social fund payment
    child benefit
    housing benefit
    council tax benefit
    council tax reduction
    domestic rate relief (Northern Ireland)
    state pension credit
    attendance allowance
    severe disablement allowance
    personal independence payment
    carer’s allowance
    disability living allowance
    an allocation of local authority housing
    local authority homelessness assistance

    The full guidance will be found here: https://www.gov.uk/government/upload...unds_v13.0.pdf
    Tobias - โทเบียส

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    Tobias,
    can I just confirm, the list you have given, you are not entitled to claim whilst under immigration controls, or are allowed to claim?
    Thanks

  5. #5
    Moderator Tobias's Avatar
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    If the visa has a 'no recourse to public funds' endorsement then those benefits cannot be claimed by the holder.
    Tobias - โทเบียส

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    ok thanks.
    The reason I ask is that my friend who is on FLR(M) with thai wife, who has no recourse to public funds, applied for Working Tax Credits as a couple and sent off a covering letter saying she is under immigration controls with no recourse to public funds.
    They received a letter back saying that WTC's are not covered under the recourse to public funds element and are entitled to claim as part of a couple when the partner is a settled citizen.
    All very confusing.

    - - - - - - - u p d a t e d - - - - - - -

    Also,
    to the OP, heres a video link that the Thai Temple in Edinburgh has put together as part of their video information project to give factual info out to the Thais in UK

    This one covers Basic Employments rights in UK/Scotland

    https://youtu.be/O2CNMkxYVNo

  7. #7
    Moderator Tobias's Avatar
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    Quote Originally Posted by HappyCar View Post
    ok thanks.
    The reason I ask is that my friend who is on FLR(M) with thai wife, who has no recourse to public funds, applied for Working Tax Credits as a couple and sent off a covering letter saying she is under immigration controls with no recourse to public funds.
    They received a letter back saying that WTC's are not covered under the recourse to public funds element and are entitled to claim as part of a couple when the partner is a settled citizen...
    I think they may have misunderstood the response. Working Tax Credit (and Child Tax Credit) are on the 'no recourse list'. However, because child and working tax credits are claimed jointly and one party to the application is British or an EEA citizen, the person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds they would otherwise be entitled to.

    There are other exceptions but those are outside the scope of what is useful to T-UK members.
    Tobias - โทเบียส

  8. #8
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    Ok thanks Tobias.
    Im sure it is one of those issues that is under-claimed as no one wants to get this far with Visa applications to screw it up with possibly rocking the boat, but in fact, is entirely above board depending on applicants circumstances.

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    Moderator Tobias's Avatar
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    Absolutely right, HAppyCar. Whilst there are 'no recourse' restrictions on the visa holder there is no such restriction on the British spouse. It is the Brits application for the benefit but the income of both must be taken in to account. That's why the payment will be made to the Brit and not the visa national. The visa national hasn't made a claim, because they are not permitted, it is the British spouse who claims but with the income of the visa national being taken in to account.
    Tobias - โทเบียส

  10. #10
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    Here are more video links translated into Thai that our Thai WAGs may be interested in (or not, may well be the case )

    These are all about Employments Rights in the UK:

    Employment Rights 1


    Employment Rights 2


    Employment Rights 3


    In fact, heres the link to all their information videos that are live meantime. Only 14 showing viewable at the moment, but 65 in total ready to be drip-fed out as and when they are released.

    YouTube Channel for all the vids
    https://www.youtube.com/channel/UC-0...Kl8WLfPb9Ufcbw

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