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Child Benefit Exceptions 3

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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bdub
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Posts: 4
Joined: Thu Apr 27, 2017 6:00 pm

Child Benefit Exceptions 3

Post by bdub » Mon Dec 17, 2018 2:18 pm

I've been reading many posts from the forum on claiming child benefit. The general idea seems to be:
1. Parent who is a British citizen to claim child benefit, 2. Both parents claim child tax credit.

On the other hand, on page 21 of the Home Office Public funds document, it seems to suggest that even if you are not a citizen, you can claim for child benefit if the child is British. The language:
Exception 3
Persons who are the family member of a person who is a UK, EEA, or Swiss national. The
parent of a British child will not be excluded from entitlement to child benefit on the ground
that they are subject to immigration control. However, if a child benefit claimant has a right to
reside in the UK as a Zambrano-type carer they are excluded from entitlement to child
benefit by virtue of the Child Benefit (General) Regulations 2003.
Am I reading this right? Any ideas?

secret.simon
Moderator
Posts: 11021
Joined: Thu Feb 21, 2013 9:29 pm

Re: Child Benefit Exceptions 3

Post by secret.simon » Mon Dec 17, 2018 2:41 pm

What visas are the parents currently resident on in the UK? Do the parents live together/form one household with the child?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

bdub
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Posts: 4
Joined: Thu Apr 27, 2017 6:00 pm

Re: Child Benefit Exceptions 3

Post by bdub » Mon Dec 17, 2018 2:44 pm

Mother is British citizen, and father is on FLR(M). Parents live together with the child in one household. Child is British citizen.

ping2084
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Posts: 1
Joined: Sun Dec 23, 2018 5:09 pm

Re: Child Benefit Exceptions 3

Post by ping2084 » Sun Dec 23, 2018 5:14 pm

I would be interested in a response to this too as I have a similar situation. Father is British, Mother Canadian with FLR(M). Child born in the UK. Can the mother claim CB under exception 3?

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