Worried about public funds

[sparky0699]

Hi guys

My name is Colin I am new to the forum. My wife is from the Philippines and I am a UK citizen we have been married for two years and we are now applying for her indefinite leave to remain.

We have a son who is born here in the UK, there was complications at the birth and he was starved of oxygen and has cerebral palsy as a result.

I applied for DLA for him because we are both citizens here because my wife can't apply for him since she is under immigration control, we are now worried and confused as to the rules.

I thought because my son and I are both citizens we could claim this and also child benefit as he is not under any control but now we are unsure about this and we are a bit worried about it.

Has anyone been in the same situation or have any advice for us?

I didn't think just because I wanted to marry someone from another country that my son wouldn't be entitled to funds too and that I wouldn't be entitled to child benefit 'which I thought everyone is entitled to in the UK if their child is also a UK citizen'

Any help would be greatly appreciated!

Colin

[raynaputi]

Your son is British and is entitled to DLA, child benefit and child tax credit. Your wife being subject to immigration control will not have an impact on this because she will not be the one claiming these benefits.

Other members will give you more appropriate advise.

[andy222]

Sorry to hear about your situation Colin. As far as I know you are entitled to child benefit if it is claimed in your name. As for DLA I dont know but a few on here will.

[marksroomspain]

Hi Colin,

Your son is British period.

You have full rights to claim everthing he is entitled to -including DLA for his illness also child benefit along with child tax credits if you qualify.

Just make sure that all claims are under your name only ie: not your wife and everything will be fine.

Good luck Colin...

[sparky0699]

Thanks very much for your help guys it's much appreciated! I did think it would be OK I just needed to hear it from someone else. That has put my mind at ease and hopefully my wife's too
Thanks again
Colin