Child Benefits : HMRC technicalities of may claim the benefits.

[purple]

As what I have experienced when I applied for ILR. We have encountered this supposed to be an issue.

But now we are rest assured that it is all right.

this link http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm10140.htm

CBTM10140 - Residence and Immigration: Immigration - Exceptions to the general exclusion
Even if people are subject to immigration control as described in CBTM10120, they may still be able to qualify for child benefit if they are covered by one of the following exceptions.

People subject to a maintenance undertaking

Workers from States, which the EC has an agreement for equal treatment in the field of social security.

A family member of a EEA or Swiss national

Covered by a social security agreement that the UK has agreed with another country

Transitional rules for those in receipt of child benefit before October 1996

Refugees and backdating


A family member of a EEA or Swiss national
The Social security (Immigration and Asylum) Consequential Amendments Regulations 2000, regulation 2 (paragraph 1 in Part 2 of the schedule) for Great Britain
The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000, regulation 2 (paragraph 1 in Part 2 of the schedule) for Northern Ireland
People who are subject to immigration control are not excluded from entitlement to child benefit if they are a family member (spouse or partner) of a person who is a UK, EEA or Swiss national.

If the child being claimed for is an EEA national, this would also allow for this exception to apply.

[joebloggs]

see what the letter says purple, but as your partner is British and the child is a British citizen , never mind European, i think you should be able to claim , how fair is it if you can't yet eu citizens who don't have PR can claim for their kids who are not even in the uk, its insane:crazy:

People who are subject to immigration control are not excluded from entitlement to child benefit if they are a family member (spouse or partner) of a person who is a UK, EEA or Swiss national.

If the child being claimed for is an EEA national, this would also allow for this exception to apply.

http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm10140.htm#IDASCZEH

[purple]

I really think this whole EU thing makes the workforce citizen in this country who works and taking home 60% of their earnings are the ones who most likely get affected. (paying bills, mortgage, food, tax etc)

The rich are just trying to avoid tax as it can be legal (assuming you hire very good accountants) .. the elected government are trying to protect the rich interests.

I should start looking about Isle of man and Jersey.. (wishful thinking)

sometimes I dream of having Barrack as PM as he doesn't like to who blame who.

[Terpe]

Anyone who comes live in UK from another country may well be able to secure Child Benefit for example, but to be eligible or to qualify for it that person will need to
to satisfy some basic rules, including the UK 'residency' rules

It's important to understand not only what the rules mean, but also what the rules do not mean.

They do not mean that simply being the partner/spouse of UK citizen automatically entitles you to claim public funds in your name.

It's important to be fully aware of and compliant with all UK immigration rules when claiming benefits in your own name that are considered as 'Public Funds'

A person subject to immigration control can claim certain public funds when they have a right to reside in the UK if they live with a family member who is:-

- a British citizen, or
- a national of a country in the European Economic Area (EEA)

The key is that the benefit claimant has 'right to reside'

As always there are many twists, turns and traps within UK immigration rules.
There are also special agreements between the UK and/or European Union and other countries that allow their nationals to claim UK public funds.

There's also that 'special' sentence that states ".........falls within such category or description, or satisfies such conditions,as may be prescribed"
What this means is that your immigration status, your 'right to reside' and your eligibility to claim public funds will depend on your own specific personal circumstances

A person subject to immigration control is not considered as accessing public funds if it is their partner/spouse who is receiving the funds that they are
entitled to.
Child and working tax credits are claimed jointly by couples.
If only one member of a couple is subject to immigration control then for tax credits purposes neither are treated as being subject to immigration control.


Generally speaking the right to claim benefits in your own name depends on what terms you've been allowed to enter the UK. This is called your immigration status.
If you have limited rights and are subject to immigration control, you may damage your chances of being allowed to stay in the UK if you try to claim benefits, simply because you may only have permission to enter or remain in the UK provided you don't claim benefits or use other public services (No Recourse to Public Funds)

If you are in any doubt about your immigration status, you should always get advice before making that claim.

The simplest, easiest and safest strategy is to have the UK citizen partner/spouse claim all benefits (to which they are eligible) in their names only.

[purple]

Hi Terpe

Thank you for enlightenment.
In my spouse visa it said Leave To Enter or Remain and of course the wording of no recourse to public funds.

Not that I really wanted to get hold of the monthly £81.20 child benefits. It was purely an honest mistake. And all the monies are still intact. Mark only thought it should be in my name since he believes that his son is British and I the mother may claim it. Well I think we were just rubbish of doing some research. We are not claiming child tax credits or any sorts of benefits other than child benefits because after giving birth, we only filled the forms were asked to be filled.

That's why I'm very thankful to the staffs at PEO Solihull for considering the application and gave us the opportunity to contact the child benefits to which the caseworker asked for a confirmation letter as to whom the payments made to and their response from child benefits after we contacted the hmrc and for Mark to place the claim.

But we will also send this link from hmrc child benefits as it is black and white on their technical rules about who may claim.

If we were thick we would have claimed for my children from previous relationship. But honestly we can't stomach it. Maybe when we are desperate for monthly cash. LOL

[queenie]

gosh this case makes me worry now about my ILR application soon... thanks purple for the link you shared that we will be able to to claim child benefits as we are the spouse of a uk and my baby was born here and even if my husband was the one who's claiming for the child tax credit but when we received the letter from them it says that "the money we owe to which is under my name"... then my husband says maybe u will be able to claim it for your baby.. but i cant stop thinking bout this case :( hope your application will go through

[Terpe]

..But we will also send this link from hmrc child benefits as it is black and white on their technical rules about who may claim....

Yes purple do send it to UKBA the response will be helpful to many folks.

Not wanting to be confrontational but it's not written in 'black and white' on who may claim.

HMRC state:-

A family member of a EEA or Swiss national

The Social security (Immigration and Asylum) Consequential Amendments Regulations 2000, regulation 2 (paragraph 1 in Part 2 of the schedule) for Great Britain

The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000, regulation 2 (paragraph 1 in Part 2 of the schedule) for Northern Ireland

People who are subject to immigration control are not excluded from entitlement to child benefit if they are a family member (spouse or partner) of a person who is a UK, EEA or Swiss national.

If the child being claimed for is an EEA national, this would also allow for this exception to apply.

The 'grey' phrase here is "are not excluded from entitlement to child benefit

Not the same meaning as are entitled to

Also HMRC state:-


A person who has leave to enter or remain in the United Kingdom

Generally, non EEA or Swiss nationals, who do not have a right of abode, require leave to enter or remain in the United Kingdom. There are two kinds of leave:
•limited leave to enter or remain (meaning limited in terms of time - (e.g. six months or four years); or
•indefinite leave to enter or remain

A person with either leave to remain, including those who are on limited leave and have ‘no recourse to public funds’, are considered to have a right to reside in the United Kingdom.

People, who have limited leave, are generally excluded from Child Benefit because of their immigration status.

Here again notice the words of the last sentence "People, who have limited leave, are generally excluded from Child Benefit because of their immigration status

My point is that the wording of such documents is NOT CLEAR. (I underlined the word generally)
Yes there are exceptions and yes there are exemptions, that's why the rules are not precisely written and use words like 'generally' and 'not excluded from entitlement'.

All I want to document in these posts is that the recognised BEST PRACTICE is to have all claims made in the name of the UK citizens who has clear and full eligibility.

In my opinion it's unwise to give others the perception that they can claim Child benefit in their own name. There are lots of 'if's and but's' and having to repay any monies is not always easy or possible for everyone.

Your own specific case/circumstances may not be the same as anothers and may or may not be judged in the same way.

Good luck
Please do keep us informed.

[queenie]

hi terpe... is it the same thing on child tax credit that we will be able to claim for it? thanks

[purple]

Good point made Terpe. Thanks a lot.

The wordings indeed are needed to be comprehended over and over to understand as what it really truly implies.

I am just about to write a letter to the PEO in Solihull about the turn around time as to when Child Benefits can send us a confirmation.
UKBA caseworker did ask me to ask child benefits if I needed to pay the monies back to them and Mark can do the claims.

Thanks again Terpe. Makes me wonder, are you a solicitor? You're very good at decoding the Immigration Rules.

queenie dear, I think you better start changing things (child benefits) for you to avoid same issues as mine.

[Terpe]

hi terpe... is it the same thing on child tax credit that we will be able to claim for it? thanks

queenie, you may also have made a genuine mistake. A lot of folks have done the same with no adverse impacts to ILR visa that I'm aware of.

Please have your husband be the Main Claimant for both Child Benefit and Tax credits.
If you've been the named claimant and have received monies you'd be best advised to contact HMRC to seek advice on your honest mistake.


A person subject to immigration control is not considered as accessing public funds if it is their partner/spouse who is receiving the funds that they are
entitled to.
Child and working tax credits are claimed jointly by couples.
If only one member of a couple is subject to immigration control then for tax credits purposes neither are treated as being subject to immigration control.

Don't worry too much, you're not the first and you'll not be the last.
It's a very confusing topic.

[queenie]

thanks terpe and purple... I'll tell my husband to change it into his name to avoid any problems in future :)

[joebloggs]

child benefits cant be claimed jointly only the person who is responsible for the child can claim it.

purple did you fill in a child benefit form ? if so did you put that you were subject to immigration control ?

in your letter have you mentioned what the nurse/midwife told you.

if it is a genuine mistake then you might have to pay back the child benefit

[purple]

Hi joe,

Yes I believed I ticked the box that I am subject to immigration control.

But we also found on Immigration Rules that there are exceptions if the person claiming have right of abode. Even though I am on no recourse to public funds.

I think we will just get a solicitor if the caseworker will refuse my application.

To my understanding that there are many things the caseworker need to consider before refusing an application. That's if the case worker have time to look it up and not be pressured for meeting amount of case that needed decision.

We are not claiming other benefits or tax allowance and we own our house. I have been waiting for Child Benefits call but there were none.

Called them again today and I feel sorry for the frontliners of Child Benefits helpline. I'm sure they were having a hard time dealing with my case and no knowledge of contact number for the head office for me to call.

[Terpe]

....But we also found on Immigration Rules that there are exceptions if the person claiming have right of abode. Even though I am on no recourse to public funds.

Purple,
You do not have right of abode.

To have right of abode you would need to be either a British Citizen/British Passport Holder or have permanent residence.
In other words the right to live permanently in the UK without any immigration restrictions at all.

[queenie]

hi guys.. I've changed the child benefit and child tax credit to my husband's bank account now.. Hope by the time i apply for my ILR on July they won't see it that it was once paid to my bank account...

[Michael Parnham]

Very sensable Queenie, best to be safe than sorry!:xxgrinning--00xx3:

[sars_notd_virus]

child benefits cant be claimed jointly only the person who is responsible for the child can claim it.



Yes , I believe we seeked your advice about this (child benefit) who is entitled to claim...thank you joebloggs....you are an angel:)

[Brooksy]

H all, im in the same predicament as to whether to claim child benefit or not. My spouses visa clearly says “no recourse to public funds”, and on the SET(M) application form question 8.6 it asks if either partner has claimed public funds (for which Child Benefit is listed).

Has anyone recently successfully applied for Settlement and stated that they receive Child Benefit?

[joebloggs]

H all, im in the same predicament as to whether to claim child benefit or not. My spouses visa clearly says “no recourse to public funds”, and on the SET(M) application form question 8.6 it asks if either partner has claimed public funds (for which Child Benefit is listed).

Has anyone recently successfully applied for Settlement and stated that they receive Child Benefit?

if your husband is a British citizen or has ILR, then if he's entitled to claim any benefits (thou doesn't claim more of a benefit because of you) then this will not effect your immigration status.

just make sure he claims the benefit and not you. thou you might both have to jointly fill in the application form.

[Brooksy]

It seems to me that the way the Settlement visa application is worded even if it was the UK Citizen that claimed the Child benefit, then that would still class as a breach of the immigration rules.

Section 8 of the SET(M) application form states:

“You must provide evidence that your partner is able to adequately maintain you and any dependants in the United Kingdom without recourse to public funds”.

The SET(M) form is dated 04/2013 so perhaps the rules have changed recently? Most of the advice on this thread is 2+ years old, which is why I was wondering if anyone has successfully applied recently and stated they were claiming benefits.

[joebloggs]

http://www.ind.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/public-funds/funds.pdf?view=Binary

page 19.

[Terpe]

..... Most of the advice on this thread is 2+ years old, which is why I was wondering if anyone has successfully applied recently and stated they were claiming benefits.

This thread was started February 2013

[Brooksy]

Thanks for the info joebloggs. Sorry Terpe, I had several threads loaded at the time.