Child Benefits : HMRC technicalities of may claim the benefits.

[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

[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.