FLRM and Child benefit

[aman505]

Hi

Basically my wife is here on spouse visa and we are due to apply for her second period of extension (FLRM) end of this month. Our daughter was born last year and we have claimed for child benefit since then. I am a british citizen and I thought we are entitled to child benefit even though my wife has no recourse to public funds. When we applied for child benefit we did tick the box to say my wife is under immigration control and I am a british citizen. The lady who checked our documents when we went for our birth registration didn't say anything about my wife's immigration status when she checked our child benefit documents. I have been browsing but I can't find a definitive answer that whether she is in breach of no recourse to public funds provision. I have found gov.uk/government/uploads/system/uploads/attachment_data/file/488202/Public_funds_v12.0EXT_clean.pdf On page 17 it does state that if the partner is a british citizen then the person subject to immigration control isn't considered as accessing public funds. Has anyone been into this situation before? Please help so I can inform HMRC ASAP if she isn't entitled.

[CR001]

You as the British Citizen can claim child benefit in YOUR NAME ONLY.

If you claim child tax credits, this MUST be claimed in JOINT names with your spouse.

If you claim as I have stated, there won't be an issue with her visa extension.

The birth registration department does not deal with child benefit.

[aman505]

We don't claim any Child Tax credit because of my income level.

If I ring HMRC and ask them to stop CB under my wife's name and refund all amounts that have been paid so far. Would that clear her account and won't cause any issues with her visa extension?

[CR001]

If she claimed and it has been stopped and repaid, then should be fine. Make sure you get a letter from HMRC confirming repayment etc.