question about child benefits....

[aryM]

Does anyone know if we (my husband and I) are entitled to claim child benefit when me and my 2 sons will be in the UK?

I know our visa's states "No recourse to public funds" this is quite vague. Need some clarifications specially on child benefits.

[gWaPito]

Apparently child benefits doesn't get categorised under public funds but, family tax credits do.

You can claim child benefits for yours without worrying if it will effect your ilr application :)

Do not apply for your family tax credits until you have your ilr in your hand.

The resident wizard on these matters, joebloggs im sure will correct me if im wrong. :)

Btw dont expect the benefits to go far. My 7 week old son is consuming 2 tins of formula a week, that amounts to the weekly amount of benefit. Nevertheless its a great help :)

[joebloggs]

yes your husband can claim child benefit if they are his step children :xxgrinning--00xx3:

also he can claim tax creds if he eligible, but its wise you don't make an actual claim until you have ilr, but you both must fill in the form, but only he should tick the box, where it asks about who is making a claim :xxgrinning--00xx3:

[aryM]

Thanks Sir Joe and gwapito for that quick replies..,its very informative,..t:xxgrinning--00xx3::Wave:hanks again...

[sars_notd_virus]

yes your husband can claim child benefit if they are his step children :xxgrinning--00xx3:

also he can claim tax creds if he eligible, but its wise you don't make an actual claim until you have ilr, but you both must fill in the form, but only he should tick the box, where it asks about who is making a claim :xxgrinning--00xx3:

sorry to interrupt this thread, i have the same questions as as ARy, we applied for ''child tax credit'' and they sent us another application form asking if we are claiming child benefits in which we dont(btw, is it correct that we are also entitle to this ''child benefit'' even if its a step daughter case)...also, they are asking the originals (foreign birth certificate/ passport) of our child for tax credit...although its a joint application , my husband is the one who will claim it ...

my question is, what benefits are we entitled to?? is it both child benefit and child tax credit?? my husband is the main earner and he wants to know and claim what he is entitled to..any advice please thanks

[Moy]

hiya sars..think we are in same situation if not very similar..
but to your question:rolleyes: your husband is intitle:D:xxgrinning--00xx3: to both benefit as to our experience..and yes it is correct that it is claim:D by joint name(husband /wife):xxgrinning--00xx3: or its a joint application

[Terpe]

The UK Citizen spouse/partner can claim Child Benefits in his own name.
See the HMRC booklet
Child Benefit if you are coming from abroad or going abroad (http://www.hmrc.gov.uk/childbenefit/ch5_notes.pdf)

Tax credits were introduced in 2003, and the immigration rules were subsequently modified in 2005.
The rule change in 2005 affects couples where one partner is not subject to immigration control (eg. UK Citizen or permanent resident).
The rule addresses both working tax credits and child tax credits.
Under the rule, a couple may claim both these credits without jeopardizing any immigration status of the person subject to immigration control.
Means, a couple can claim child tax credits and/or working tax credits as long as one partner is a British citizen or otherwise exempt from immigration control.

When claiming Child Tax Credit the UK Citizen partner should have ticked the box for themselves as the claimant.

The Tax Credit application will automatically be a joint application at the request of HMRC. Again no problems

[Moy]

:D:xxgrinning--00xx3:

[Braveheart]

sorry to interrupt this thread, i have the same questions as as ARy, we applied for ''child tax credit'' and they sent us another application form asking if we are claiming child benefits in which we dont(btw, is it correct that we are also entitle to this ''child benefit'' even if its a step daughter case)...also, they are asking the originals (foreign birth certificate/ passport) of our child for tax credit...although its a joint application , my husband is the one who will claim it ...

my question is, what benefits are we entitled to?? is it both child benefit and child tax credit?? my husband is the main earner and he wants to know and claim what he is entitled to..any advice please thanks

Hello sars_notd_virus!

Hope this helps as what my husband did a few months ago. He went to the Citizens Advice Bureau and asked what he can be entitled to.

We are now receiving Child Benefit and Child Tax Credits (under his name)

He was also told that he could qualify for Housing Benefit/Council Tax Benefit. (We still haven't applied for this, but might consider afterwards)

Lately also, we were told by our Health Visitor that we might qualify for the Healthy Start Voucher http://www.healthystart.nhs.uk/ in which we are considering to apply as well.

:)

[Terpe]

....He was also told that he could qualify for Housing Benefit/Council Tax Benefit. (We still haven't applied for this, but might consider afterwards)

It's possible but......
Please be careful on this one Braveheart and be doubly sure he only makes claims as if he was SINGLE.
Make very sure that the council fully understands in writing that one of the couple are under immigration restriction.

Just trying to help.

[Braveheart]

It's possible but......
Please be careful on this one Braveheart and be doubly sure he only makes claims as if he was SINGLE.
Make very sure that the council fully understands in writing that one of the couple are under immigration restriction.

Just trying to help.

Yes Terpe and thank you :). That is why we are putting this on hold. Hmmmm, we did consider, but really NOT keen on pushing forward with claiming because of the restrictions.

:)

[Moy]

It's possible but......
Please be careful on this one Braveheart and be doubly sure he only makes claims as if he was SINGLE.
Make very sure that the council fully understands in writing that one of the couple are under immigration restriction.

Just trying to help.

my husband received the tax credit award and it was name on us both asMr &Mrs:omg: am worry would this affect me..though i understand and he told that council that i am restricted to receive any benefit:rolleyes:..so asthe husband he only tick the box as himself is the sole claimant:doh:rolleyes: now am confused:Erm:

[grahamw48]

Just to clarify things:

Child benefit is a 'non-contributory', non-means tested benefit payable to all who are full-time residents in the UK and have children.
There is a fixed amount payable for each child.
Even Royalty are entitled to it.

Child Tax Credit is a means tested benefit designed to supplement the income of those who have children.
It can be claimed by those both in or out of employment, who are on a low income.

Those IN employment may also be able to claim Working Tax Credit (but you don't have to have children for this one).

Both child tax and working tax credit are classed as BENEFITS....so be careful ('recourse to public funds' etc).

Child benefit is NOT.

[grahamw48]

The stepchildren I brought over from the Phils qualified immediately for Child Benefit, free schooling, dental treatment etc.

[sars_notd_virus]

Thanks for all the replies:)

the only concern and complexity i have in mind is that my husband is ''not the biological father of my daughter'' and reading about the ruling (HMRC)there has nothing been said in any clause saying about it...
Me and my daughter is still on restricted access status '' no recourse to public funds '' but my husband is a British citizen and is entitled to any benefit , so hopefully he can claim it for my daughter.

Anyway, we will complete the application form ,send the original documents they require ,submit it back to them and give you all updates here.

Good day everyone!!

[grahamw48]

Strictly speaking then, she is YOUR dependent, not his...unless he were to adopt her, so only you can claim benefits for her, and then you WILL be having recourse to public funds, except in the case of Child Benefit.

[joebloggs]

of course he can claim any benefit he's entitled to claim for his step daughter, thou do it asap as they can only be back dated i think upto 3 months.. :Erm:

[Terpe]

All interested please take a look at this Home Office leaflet:-

No Recourse To Public Funds (http://www.readingcab.org.uk/Files%20for%20immigration/no_recourse_to_public_funds.pdf)

Especially look to the table on page 6 which clearly shows which claims may be made and why.

[grahamw48]

Love that 'temporary loss of funds from abroad'....taxpayer will fund you. :NoNo:

Oh, and just because you CAN claim certain benefits doesn't mean that you haven't sought recourse to public funds.

I would consider very carefully before claiming anything, and take the appropriate advice from the Home Office.

[Terpe]

Love that 'temporary loss of funds from abroad'....taxpayer will fund you. :NoNo:

Oh, and just because you CAN claim certain benefits doesn't mean that you haven't sought recourse to public funds.

I would consider very carefully before claiming anything, and take the appropriate advice from the Home Office.

Graham, the leaflet I posted in post #19 is advice from the home office.

If you have any knowledge of contrary information please do post for all members benefit (no pun intended)

[grahamw48]

Yes, I know Terpe, but having worked for 3 different govt. departments (including Benefit section), I know all too well how they can interpret their own 'rules' in different ways, and how little co-operation there is between them. :rolleyes:

Always best to double-check for up-to-date info' tailored to your own particular circumstances...and a response in writing, or that can be printed off....just in case. :xxgrinning--00xx3:

[Terpe]

Yes, I know Terpe, but having worked for 3 different govt. departments (including Benefit section), I know all too well how they can interpret their own 'rules' in different ways, and how little co-operation there is between them. :rolleyes:

Always best to double-check for up-to-date info' tailored to your own particular circumstances...and a response in writing, or that can be printed off....just in case. :xxgrinning--00xx3:

Yep, fair comment :xxgrinning--00xx3:
Always better to have something in writing rather than from a telephone adviser.

[joebloggs]

Yes, I know Terpe, but having worked for 3 different govt. departments (including Benefit section), I know all too well how they can interpret their own 'rules' in different ways, and how little co-operation there is between them. :rolleyes:

Always best to double-check for up-to-date info' tailored to your own particular circumstances...and a response in writing, or that can be printed off....just in case. :xxgrinning--00xx3:

i've been claiming tax creds and the child care element of it for years until recently (because of my misses wage, were now only entitled to the minium (£10 a month :D)) and i still claim child benefit, my wife and kids had no problems getting FLR, ILR and Citizenship ..

[Terpe]

If there were any issues, I really don't see how the home office could deny it's own advice.

By the way Graham, I know just what you mean about the 'old' benefits departments.
I previously worked for both UKBA and HMRC and we never faced such issues. :)

[joebloggs]

i don't remember anyone on here having problems who claimed child benefit, or tax creds if they were entitled to claim it, the only problem some people had was with the health in pregnancy grant because some gov departments were not sure about the rules, but if I'm right i believe everyone got it :xxgrinning--00xx3:

[grahamw48]

Oh well, looks positive then.

I'm probably 20 years out of date anyway. :icon_lol:

We had no problems getting Child Benefit for all the kids, but the ex had already got her ILR by then.

Even got a special teacher at school for the older two, seeing as neither spoke much English ! :NoNo:

But I'll tell you what, after only about a year they were both top of the class. :cwm24:

[joebloggs]

i can't remember anyone on here having any problems because they claimed child benefit or tax creds, the facts is that the mother could claim them in her name , if she is married to a British citizen, but to keep things easy and simple it makes sense for the Brit to just claim the benefits.

[Moy]

:D:xxgrinning--00xx3:

[Terpe]

i can't remember anyone on here having any problems because they claimed child benefit or tax creds, the facts is that the mother could claim them in her name , if she is married to a British citizen, but to keep things easy and simple it makes sense for the Brit to just claim the benefits.

Totally agree with that approach joe.
But I still maintain that any efforts to involve local councils in connection with Housing Benefit or Council Tax disregard should be left alone. I have known cases where both CAB and council legal teams have been involved and have screwed up.

Anyone considering claiming HB should be sure to fully understand all legislation in support of action by the claimant and the local Council.

Better to wait

[joebloggs]

oh yes never trust what one person says, whether they work for ukba, cab, social services or who ever , i think you be :yikes: by how much wrong information i've been given over the years :NoNo::angry:

[Moy]

apologized for my intrusion of this discussion, as the husband claim this benefit the HM and Revenue address to both of our name(Mr&Mrs) ..is this ok..? the husband is the claimant :rolleyes:
btw if i submitt my application for ILR and we use this letter is it fine??:rolleyes:

[joebloggs]

yes of course its fine , UKBA wants letters addressed to both of you as evidence that your still living together :xxgrinning--00xx3:

[Moy]

i know but am concern in case they think i am receiving benefit when its NOT:D
because i assume that if the husband is the claimant of such benefit they should address to HIM only:D:Wave:

[joebloggs]

well if your not, why you worried then :Erm:
all they want to know is that your living together, no you have to make a joint application but your husband should only claim the money, stop worrying, many people have sent them letters, i have myself

[Terpe]

i know but am concern in case they think i am receiving benefit when its NOT:D
because i assume that if the husband is the claimant of such benefit they should address to HIM only:D:Wave:

The Tax Credit application will automatically be a joint application at the request of HMRC and will not be a problem for your ILR application.

[Moy]

well if your not, why you worried then :Erm:
all they want to know is that your living together, no you have to make a joint application but your husband should only claim the money, stop worrying, many people have sent them letters, i have myself

not worrying just veryfying:D:xxgrinning--00xx3:
btw tHanks for the replY sir JOE:Wave: