Shei came to the UK with her Filipina daughter from her previous marriage - they arrived in April 2009 under a fiancee visa, and then got FLR in October 2009.
Since that time, I contacted the Child Benefits Agency and enquired if we were able to claim Child Benefit for the daughter. I was told this was OK because, even though the daughter was not entitled to Public Funds, I could claim as a Brit.
So, I filled in the forms, answering all the questions truthfully. In April 2010, we started getting our payments. Since then, our payments have increased since we now have a sontogether.
Well, anyway, I have had a nagging doubt about whether or not we are entitled to claim Child benefit for the Filipina daughter. So, I contacted the Child benefits agency again and they confirmed that I could. I decided to check with the Border Agency. What they said was that, since the daughter has no recourse to public funds, then they don't believe that I can claim on her behalf (actually it's my behalf - British tax payer for 15 years - never claimed dole, or any other benefit until now - and our money is getting quite tight - new house, wedding and a new baby boy
It is absolutely crazy that there seems to be no-one at either the Border Agency nor the HMRC who seem to know the answer. HMRC are now investigating, and they will respond in a month. The Border Agency have said that the fact that I am claiming may cause problems when it comes to the ILR - yikes. I am willing to pay any money back - but my concern is that I have read a lot of posters on here who have claimed successfully for Health in Pregnancy (Shei was denied), and are claiming Child Benefits.
I have written to my MP - it's a crazy state of affairs that none of these people know the rules and that none of these agencies appear to be joined up.
I will let you know the outcome, but my advice is - if you are claiming benefits for your spouse's child to double check with both the Borders Agency and the Child benefit Agency. If anyone has similar experiences, I will be glad to hear the stories. I will let you know what my MP, HMRC and the UKBA reply to me with.
