Claiming Child Benefit on a Spouse Visa

Hi All,

My wife (Ukrainian) was granted a Spouse Visa on 16th May 2008 and came to the UK along with her daughter (8) on the 18th June 2008.

We visited a Job Centre Plus offices in c.October 2008 to claim for her National Insurance number, which she was granted a few weeks later. Whilst at the Job Centre the lady who interviewed her told her she was able and allowed to claim for Child Benefit, so we submitted a claim in HER name about a month or so later, in February she was granted CB and she got it back dated to July 2008, we have only received that one back dated payment to date. My wife is now working, has been since October and pays NI and soon wil be paying tax, if that helps at all.

We are now a little worried after reading things on here that she should not have claimed as her Visa states 'No Recourse to Public Funds' I have downloaded a pdf from the Home Office No recourse to public funds and read that, but it is a bit unclear as whether she is in her rights or not, it mentions it is ok for EEA members of which Britain is one, but then it sort of contradicts itself by saying Britain may not be considered for this?

So we need to know, is she within her rights to claim for CB and if not, what is our best course of action so as not to affect her ILR application in another year or so. I am a British citizen BTW if that makes a differnce? but the claim is in my wifes name and paid into our joint account.

Thanks in advance for your help.

.

9.2 - Public funds wrote:* The British/settled spouse/civil partners may claim Working Tax Credits and Child Benefit for his or her family if they are entitled to this under the Department for Work and Pensions legislation. There is no objection to the British citizen/settled sponsor receiving any public funds to which he/she is entitled in his/her own right. The important factor to consider is whether there will be a need for the sponsor to claim additional public funds to support the applicant. The fact that an applicant may not be eligible to claim public funds is not in itself sufficient to satisfy the requirements of the Rules.

As you are British, you may claim Child benefit in your name. See also Benifits:effecting ILR.

Thanks Vinny, before posting this thread I read a lot on here, but we are still confused, the CB is in my wifes name because it is her daughter, I am not the childs father (only stepfather) and she doesn't have my name, (although that is something else we are looking into right now too) so rightly or wrongly we claimed in my wifes name. My wife has taken my surname BTW and this is shown on all passports, documents etc.

Does any of the above make a difference, or is it better to stop claiming and then leave it, or stop claiming and re-claim in my name? we are really unsure what to do next so as not to create future problems with her ILR application next year.

Thanks for any help you or anyone else can offer. I suppose really we just want clarification,


1) are we in the right to claim in my wifes name?
2) if not, do we stop claiming, if so, what is the best method of doing this?
3) can we claim in my name, even though the child has her paternal fathers surname?
4) anything else we should know?
5) reading what you said above and the quoted portion it looks like I could have claimed in MY name all along? therefore what is the best way to stop claiming in my wifes name and start again in mine, if this is indeed correct.

We don't not need the money to support my wife and stepdaughter, but if it is due then why should we not claim it IMHO anyway

The important factor to consider is whether there will be a need for the sponsor to claim additional public funds to support the applicant.

Not needed per se, but if entitled to, why not?

The fact that an applicant may not be eligible to claim public funds is not in itself sufficient to satisfy the requirements of the Rules.

Not really sure what this bit means.

As your wife is subject to "No recourse to Public Funds", she shouldn't claim Child benefit. However, you may claim.

How to claim Child Benefit wrote:Who can claim?
Anyone who's bringing up a child can claim. This is usually the mother, but it doesn't have to be.

chrismc, there is no problem your wife being the Child Benefit claimant. I say that on the assumption that you are a British Citizen (or other EEA Citizen) .... please confirm.

For confirmation of this have a read of this document. In particular, if your wife is a family member of an EEA Citizen .... you .... then read (a) on page 4 of 7 :-

I am a member of the family of an EEA national - am I eligible for any benefits?

If you are living with another family member who is an EEA national – for example, your child or your partner – you may be eligible for the following benefits:

• Child benefit
• A social fund payment
• Attendance allowance
• Severe disablement allowance
• Carer’s allowance
• Disability living allowance

Further, para 6B of the Immigration Rules states :-

6B. A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

-: and it is regulations made under section 115 that exclude the stated benefits from the definition of Public Funds .... for that claimant.

vinny wrote:As your wife is subject to "No recourse to Public Funds", she shouldn't claim Child benefit. However, you may claim.

How to claim Child Benefit wrote:Who can claim?
Anyone who's bringing up a child can claim. This is usually the mother, but it doesn't have to be.

OK great, thanks for that clarification Vinny, I do wonder though how she was able to get it in her name, even though I am sure we ticked the box, Are you Under Immigration Rules ?

John wrote:chrismc, there is no problem your wife being the Child Benefit claimant. I say that on the assumption that you are a British Citizen (or other EEA Citizen) .... please confirm.

For confirmation of this have a read of this document. In particular, if your wife is a family member of an EEA Citizen .... you .... then read (a) on page 4 of 7 :-

I am a member of the family of an EEA national - am I eligible for any benefits?

If you are living with another family member who is an EEA national – for example, your child or your partner – you may be eligible for the following benefits:

• Child benefit
• A social fund payment
• Attendance allowance
• Severe disablement allowance
• Carer’s allowance
• Disability living allowance

Further, para 6B of the Immigration Rules states :-

6B. A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

-: and it is regulations made under section 115 that exclude the stated benefits from the definition of Public Funds .... for that claimant.

OK, this is where I staretd to get confused. But anyway John to answer your question, I am British and a British Citizen, always have been. But the CB was claimed in my wifes name and she is under the No Recourse rules.

John

I read that pdf in its entirety before posting on here yesterday, it seems to contradict itself, in that is says she can claim as she is the partner of a EEA national, but then says somewhere in all the blurb I read yesterday that although the UK is a member of the EEA it does not necessarily apply in this case, or words to that affect? this is what confused me.

and

6B. A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

this is as clear as mud

Anyway, to be clear and to clarfy this:

I am a British Citizen, is my wife still OK to claim CB in HER name? even though she is under the No Recourse rules?

As already said, because of para 6B of the Immigration Rules, and the fact that you confirm you are a British Citizen, your wife is entitled to claim Child Benefit.

British Citizens are EEA Citizens!

John wrote:As already said, because of para 6B of the Immigration Rules, and the fact that you confirm you are a British Citizen, your wife is entitled to claim Child Benefit.

British Citizens are EEA Citizens!

Thats what I thought too, thats why we claimed, and I am glad you can confirm that, but there is so much jargon on this it sometimes puts doubts in your own mind as to the decisions you have made last thing we need is her ILR to be affected.

Thanks for your help John.

Chris

John, can you clarify, as you previously stated:

John wrote:You do not mention Child Benefit. Is CB being claimed? You (and certainly not your wife) is totally OK to claim CB, and if a claim has not been submitted then it should be submitted without delay.

Vinny, indeed I admit to that, but it is now clear to me that the regulations made under section 115 do indeed permit the non-EEA spouse, spouse that is of an EEA Citizen (including British), to claim the listed benefits.

The regulations are The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and it is Part II of the Schedule that details the entitlement.

Thanks for the clarification on that John and thanks Vinny for bringing up the other points as I must admit I read Johns previous statement yesterday before starting this thread and it did make me think we were claiming in error.

I am glad now that it has all been cleared up and that we are acting within the Immigration rules.

hi

will claiming working tax credit affect a spouse visa because I'm on spouse visa and my wife is claiming child benefit. me and my wife are jointly claiming the Tax Credits but the payment goes to her account.

1...will claiming working tax credit result to recourse to Public Funds??
2...If i'm to claim it will it be in our name or hers and also will the payment be paid into her account??


Thanks

You've posted in a thread that is more than 5 years old! However...
1. No
2. WTC should be claimed in joint names. Child Benefit in your wife's name.

Hi,
I registered on this site recently and I have no idea on how to post a new topic. My husband is on a spouse visa (flrm) and his extension is due in 2015. We have a 5 month old daughter. He earns 18k but I don't work. If I am to claim child tax credit will my husband have a problem when he applies for the visa extension?
Please help as this is very confusing.
Thanks

Click on the forum that applies to your question. In this case; Immigration for family members
Then click on the red NEW TOPIC top left hand side.