Child benefit on Tier 1

markotsg · Post by **markotsg** » Thu May 26, 2011 12:59 pm

Hello

I am a New Zealander living in UK on Tier 1 visa.

In my passport I have "No Resources to public funds " restriction. I have noticed that there is an exclusion for countries that have Social security agreement with UK and that I will be eligible for Child benefit without effecting my Visa conditions?

I have found the link as per bellow

http://www.readingcab.org.uk/Files%20fo ... _funds.pdf

We will be applying for ILR next year in June if we apply for Child benefit we should not be affected for ILR application?

Do we select in Application form SET(O) that we are receiving child benefit and we can enclose this document?

I would really appreciate your response on this matter.

cino · Post by **cino** » Thu May 26, 2011 8:39 pm

hi don't worry about it it will not effect you'r application at all i was like you claiming working tax credit child benefit and child tax credit i have spoken to lot of solicitors some o'v them says you'r application will fail went to cab they told me don't worry but still worried till phoned hmrc they told me to send my passport so i did and then they returned the passport to me and few days later they send a letter saying and stating that am eligible for all tho's benefit not just that they did say iam entitled to housing benefit to so my advice to you what you have read on the link you sent is the truth and is right because i went trough that link 2yrs a go and was confused too but after have received letter from hmrc i discoverd that not all solicitors know about it so no need to worry at all gud luck to you forgot to say to tick the box which says child benefit

Gerry2011 · Post by **Gerry2011** » Fri May 27, 2011 9:15 am

Hi,

I have Indefinte Leave to Remain of New Zealand (Indian National),
I called DWP to aske whether I am eligible to claim Child Benefits.
They told me to submit application and then they will decide.
Do you have any information on this? Whether an Indefinite Leave to Remain holder of New Zealand can claim Child Benefits in UK?

Thanks

cino · Post by **cino** » Fri May 27, 2011 2:45 pm

hi i really don't know about this but my advice to you that don't claim something will effect you'r application in future go to citizens advice bureau they will tell you whether you eligible or not you can see a solicitor but some of them they don't know am sure you can find good solicitor phone the home office as well just to make sure you in safe side good luck to you

markotsg · Post by **markotsg** » Fri May 27, 2011 3:09 pm

Thanks all, I have emailed Home office 6 months ago, never heard back, emailed again. Would prefer to have this in writting rather then phone call

Thanks All

Gerry2011 · Post by **Gerry2011** » Fri May 27, 2011 5:14 pm

Marcotsg,

Do you hold New Zealand Passport??

Post by **John** » Fri May 27, 2011 7:32 pm

markotsg, as you are an NZ citizen, there is absolutely no problem you claiming Child Benefit.

But just to make clear, whilst Child Benefit is OK, you still cannot claim Tax Credits.

Gerry2011 · Post by **Gerry2011** » Mon May 30, 2011 12:58 pm

Hi Jon,

I have settlement visa (ILR) of New Zealand.
Am I eligible for Child Benefits.

Many Thanks
Gurvinder

Post by **John** » Mon May 30, 2011 2:49 pm

My understanding of the UK-NZ Double Social Security is that it only covers citizens of the two countries, and if that is the case then no, I don't think you can claim UK Child Benefit.

As compared to the UK-Canada agreement which covers those that have paid Social Security/NI contributions in the other country.

But as regards the UK-NZ agreement, if anyone has better knowledge than me, please share that information. But the NZ embassy website says about the agreement :-

The United Kingdom and New Zealand are signatories to a bilateral Social Security Agreement that includes both benefits and pensions. You may be entitled to these if you are a New Zealand citizen in the United Kingdom or a British citizen in New Zealand.

Gerry2011 · Post by **Gerry2011** » Mon May 30, 2011 4:20 pm

Many Thanks John.

Gasan · Post by **Gasan** » Fri Jul 01, 2011 1:13 pm

Dear John,

My daughter is a NZ citizen, and so am I. However my wife is a national from Azerbaijan. WE have been claiming child benefit under my wife's name. We are both on Tier 1 visa in UK with "no recourse to public funds". I unerstand that if I applied for child benefit it woould be okay. However since the application was made under my wife's name, does this mean that we need to return all the money to HMRC or are we still eligible to receive the money as my daughter is a NZ citizen.

Thanks

Post by **John** » Fri Jul 01, 2011 3:59 pm

WE have been claiming child benefit under my wife's name.

That is strictly not correct, in the sense that WE do not claim Child Benefit. It is claimed by just one person.

I am concerned that your non-NZ wife is currently the claimant, and think the CB claim should be switched to you as soon as possible. The UK-NZ Double Social Security agreement is quite particular, that is, it only covers UK citizens in NZ, and NZ citizens in the UK.

Gasan · Post by **Gasan** » Fri Jul 01, 2011 4:23 pm

Thank you John,

We have already informed HMRC of the error and now will return all the money claimed under my wife's name. When applying for extension of my Tier 1 I will certainly dosclose my situation to the Home Office. This was an oversight on our part, but since we would return all money at the time of application for extension do you think there is still a risk of them rejecting my application? or my wife's application as my dependant?

Also, further to your response before, does the fact that my daughter is a NZ citizen give my wife any rights to claim CB? (most likely not, but I thought I would ask anyway).

Thanks

Post by **Greenie** » Fri Jul 01, 2011 6:57 pm

Gasan wrote:Thank you John,

Also, further to your response before, does the fact that my daughter is a NZ citizen give my wife any rights to claim CB? (most likely not, but I thought I would ask anyway).

Thanks

No. It is the parent who has the entitlement or otherwise to claim child benefit.

Post by **John** » Fri Jul 01, 2011 8:36 pm

We have already informed HMRC of the error and now will return all the money claimed under my wife's name.

I did not suggest you returned the money, and see no need for you to do so.

When applying for extension of my Tier 1 I will certainly dosclose my situation to the Home Office.

Why? Are you trying to create a problem for yourself? Just complete the application form accurately and truthfully. The Public Funds question is asked in the present tense .... are you claiming .... and as you will be the CB claimant at that time the CB will not be, for you, within the Public Funds definition, thanks to para 6B of the Immigration Rules.

vin323 · Post by **vin323** » Sat Jul 02, 2011 9:19 pm

Deleted

Gasan · Post by **Gasan** » Mon Jul 04, 2011 10:35 am

Thanks John,

Are you saying that keeping the money that my wife was not entitled to is the right thing to do?

Also, if Home Office somehow finds out that the child benefits was being claimed under my wife's name, they could potentially reject her application. There is always the chance that they will not check, but what if they do?

kimmcg · Post by **kimmcg** » Thu Jul 14, 2011 12:01 am

markotsg, I am in the same situation as yourself, can you please let me know if you found out any more information, I am applying for ILR next month and am now wondering if I should not be claiming child benefit

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Child benefit on Tier 1

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