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Thursday, January 8, 2009

Is a disabled person with mobility problems, on a Spouse Visa in UK, given any of assistance to enable him to go to work, like a car or wheelchair?

As a disabled person who will be on Spouse Visa in the UK, I was worried about the possible dilemma I might face once there to be able to commute between work and home. In Pakistan I have a car and driving license and therefore this problem never occurred here, but over there in UK I wont have the money to buy a car before I find a job. This will put me in a catch-22 where I wont be able to buy a car because I don’t have a job and I won’t be able to do a job cause I don’t have a car. Since I walk using crutches, walking long distances is impossible for me. I can only walk non-stop for 15 minutes max at a time.

Getting a wheelchair is another option, but it would take me a while to learn to be on the wheelchair since I have never used one before. And the electronic ones cost a lot. Therefore I went on to research a bit on this issue.

Apparently there is a Motability scheme. However being on Spouse Visa, since I will be able to have no recourse to public funds (NRPF), and the eligibility requirements for Motability scheme are:
· Higher Rate Mobility Component (HRMC) of the Disability Living Allowance (DLA) - currently £46.75 per week - or,
· War Pensioners' Mobility Supplement (WPMS) - currently £52.25 per week.

Therefore since I wont be able to receive benefits, I wont be eligible for DLA, hence I wont be eligible for motability. This means I wont be able to claim a scooter, powered wheelchair, or a car.

The definition of public funds is as below:
attendance allowance, severe disablement allowance, carer's allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992;, income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker's allowance under the Jobseekers Act 1995, state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002.

Now as a disabled person living legally in the UK on Spouse Visa, I would be entitled to a community care assessment under the NHS and Community Care Act 1990. Therefore my needs can be assessed as eligible for a service under the local authorities Fair Access to Care (FAC) criteria.

Now if you’d take a look at this you'd notice:
The National Assistance Act gives local authorities the power and the responsibility to provide accommodation and subsistence to people who are destitute, vulnerable as a result of old age, illness or disability and in need of care and attention. For the majority of the population its provisions are largely superseded by welfare benefits and housing legislation. However failed asylum seekers are not eligible to apply for state benefits or Council Housing. Therefore the provisions of the National Assistance Act may apply.

Therefore it clearly states that since for the majority of the population its provisions are largely superseded by welfare benefits and housing legislation, therefore I may avail the assistance given by NAA. But, the catch here is that the duty to assess those who may be eligible for services lies in the NHS and Community Care Act 1990 Section 46.

There is also a scheme called “Access to Work”.
According to Directgov website:
You may be able to get Access to Work if you are:
· in a paid job
· unemployed and about to start a job
· self-employed


The definition of Public Funds, as in para 6 of the Immigration Rules, does not include the "Access to Work" scheme. This clearly means that I, being a non-EEA national, on Spouse Visa (time limited visa) will be able to avail this scheme. The Disability Employment Adviser at the local jobcentre will analyse the disability and give appropriate help.

According to the Directgov site:
Whatever your employment status, Access to Work will also pay up to 100 per cent of the approved costs of help with:
· support workers
· fares to work
· communicator support at interview


Access to Work pays a proportion of the costs of support if all of the following apply to you:
· you're working for an employer
· you've been in the job for six weeks or more
· you need special equipment or adaptations to premises


Therefore it shows that I would atleast be given a wheelchair and I have heard that they might even pay taxi fares. Anyway so after reading all this, I thought I’d share it with those of you who might a face similar problem. Things look good so far to me.

10 comments:

  1. Hi

    I found this board very interesting I wonder if someone could please help me.

    I would like to invite my fiancée to come to England with the intension of getting married soon after she arrives to UK. However, because I am severely disabled and unable to work, I live on Disability living allowances and other related benefits.

    I am a permanent UK resident (ILR) over 23 years now and have no family or any other relatives in the UK, and I really need someone to live with and share life together.

    Is there any easy process of achieving the above? Can someone please help and guide me to the process.

    Much appreciated

    Kind Regards
    Ben Adam.
    email: idybel@hotmail.com

    ReplyDelete
  2. The UK law allows its citizen that if their husband or wife are living outside the UK, they can apply for spouse visa. Thus, depending upon facts and circumstances, such an eligible person can either apply spouse visa or his spouse living outside the UK can apply for it at the concerned British Consulate, Embassy or High Commission.

    ReplyDelete
  3. Marrying in the United States using the adjustment of status process is one of the most common ways couples can ensure they can stay together and still get their Marriage Visa. It is very important you understand this adjustment of status process, otherwise your Marriage Visa may get denied.

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  4. Aslam o alikum.I have heard that uk embassy change visa policy.can u tell my what the new policy for marriage visa?

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  6. Thanks for sharing this information, I'm glad that I came across your blog. DO you happen to happen to have any information on a Florida spousal visa? Thanks.

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  7. my son gets DLA and he wants his wife (spouse ) to join him in England ,does he has to earn £18600 per year

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  9. As a PWD, I think you should be accompanied by your husband while going to the office. I hope that you'll find your way on how to find a way in getting to your workplace. More power! By the way, Can you help me in my application of UK Marriage Visa?

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