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bruce
9th June 2013, 09:11
Hello again to all ..

I will try to keep this as brief as possible..My wife has been here almost a year and we recently (7th May 2013) won the long battle to get her son Jelly here, he is 6yrs old.

My wife has also recently given birth (25th May 2013) to our new baby boy.

I made a claim for child benefit for both boys and sent that of on Friday ..I am not expecting any problems ..

My problem is with my claim for working and child tax credits, I applied for the forms and filled them in ...just after Jelly arrived (around a month ago)

Today (Saturday) we received a letter from them :( basically asking for more information ..lol a lot more!! around 6 pages to fill in!! they are also requesting all our passports, and birth certificates (original)...the list goes on ...

My main issue is with the fact that they addressed there request to my wife Karen Dunkley?? I know by law it has to be a joint claim but the way I see it is my wife is the PARTNER on the original forms and me as the claimant.

So I made three phone calls to HMRC and explained that my wife is the PARTNER and it is me who is the main claimant!! I told them i was not happy with them making further requests regarding my application addressed to my wife ..If we was to fill out these new forms I personally would become the PARTNER ..

On all three occasions that I phoned I was told not to worry ..they said it is a joint application and I should do as they request !!!

I am still worried about this matter ..hence this post ...am I being to cynical ??

imagine
9th June 2013, 09:38
if your wife is not allowed to claim because of the no rescorce to public funds, then surely she should be the partner and you the claiment, just as you say,

perhaps someone else can shed better light on this than myself

Michael Parnham
9th June 2013, 09:45
Not sure about your problem Bruce, but I the same difficulties with the local council over housing benefit and they assured me that they would present me with a letter confirming that the claim was for me and not my wife when we apply for her ILR next May, also they did mention that the Home Office and all local authorities work together regarding 'visa' regulations. Good Luck with your applications!:xxgrinning--00xx3:

joebloggs
9th June 2013, 10:45
there is no problem claiming for step children,
its years ago since we claimed, but i'm sure there were a couple of boxes asking if the misses was subject to immigration control and also who was making a claim, i just ticked the box i was.

passports and birth certs i can understand them asking for that as they will have no UK records for your wife or step child.

your step child is a dependent of your wife, i wouldn't worry about it, if you ticked the boxes on the application that you was only making a claim and your wife was subject to immigration control and also to make double sure, make sure the money goes into your bank account

grahamw48
9th June 2013, 10:57
I agree, there is no problem, as YOU are the claimant, not your partner.

I claimed child benefit for my two stepchildren (a long time ago), but essentially the rules were the same then.

They need to know about your partner and the children, with proof, because people DO make up fraudulent claims of course. They just want to be sure that they do exist ! :smile:

These benefits can be claimed by and paid to either partner. That's perfectly normal.

sars_notd_virus
9th June 2013, 12:13
Hello again to all ..


My main issue is with the fact that they addressed there request to my wife Karen Dunkley?? I know by law it has to be a joint claim but the way I see it is my wife is the PARTNER on the original forms and me as the claimant.



All is addressed to both of us MR and MRS eventhough my husband is the claimant...if it is just addressed to your wife let them correct it to avoid problems in the future as she is not eligible to use public funds yet.

bruce
9th June 2013, 16:07
All is addressed to both of us MR and MRS eventhough my husband is the claimant...if it is just addressed to your wife let them correct it to avoid problems in the future as she is not eligible to use public funds yet.

Yes this was my exact worry, sometime in the future this could be produced and go against my wife ...I think the letter should certainly have been addressed to either myself or both of us ...like I said in my first post being addressed to my wife would mean I become the partner in the additional forms..

Terpe
9th June 2013, 17:05
Here's what UKBA state in their 'Guidance – public funds – v8.0'


..A person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds 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.

Hope that allays any concerns

joebloggs
9th June 2013, 18:05
All is addressed to both of us MR and MRS eventhough my husband is the claimant...if it is just addressed to your wife let them correct it to avoid problems in the future as she is not eligible to use public funds yet.


Yes this was my exact worry, sometime in the future this could be produced and go against my wife ...I think the letter should certainly have been addressed to either myself or both of us ...like I said in my first post being addressed to my wife would mean I become the partner in the additional forms..

my misses and i both got mail from the tax creds people, one letter named to her and exactly the same details also posted to me :doh

no problems getting ILR or Citizenship :xxgrinning--00xx3:

sars_notd_virus
10th June 2013, 00:35
Yes this was my exact worry, sometime in the future this could be produced and go against my wife ...I think the letter should certainly have been addressed to either myself or both of us ...like I said in my first post being addressed to my wife would mean I become the partner in the additional forms..

please double check with the HMRC as early as you can .... one of our member encountered some difficulties because of this child benefits etc during her ILR application.
please read:
http://filipinaroses.com/showthread.php/44511-ILR-application-at-Solihull-PEO-who-stupidly-claiming-child-benefits-in-MY-name-%28?highlight=