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Child benefit spouse visa high income tax

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

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uhuss12
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Child benefit spouse visa high income tax

Post by uhuss12 » Sat May 27, 2023 10:26 pm

Hi

As I understand my spouse on FLR is not eligible to claim child benefit, and I am on high income, so I have to pay all of the child benefit back.

The reason I wanted to claim it was so my wife can build up national insurance credits, but even this seems to be ineligible.

So should I register and opt out, not sure if there is any point in claiming it, only to pay it back at the end of the tax year.

Please advise.

Thanks.

JB007
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Re: Child benefit spouse visa high income tax

Post by JB007 » Sun May 28, 2023 1:25 pm

Read the post below your post. claiming-benefits/claiming-child-benefi ... 37711.html

Your NRPF wife is allowed to work and could then pay National Insurance Contributions towards a UK state pensiopn. She only needs to earn £242 per week to pay National Insurance Contributions towards a UK state pension: that amount seems to rise each year.

Under present rules she will need to have 35 National Insurance Qualifying Years for a full UK state pension at state pension age (which is rising again). Depending on her age, she might have plenty of years to reach her 35 years for a full state pension. She will need at least 10 Qualifying Years to be able to have a UK state pension. e.g. 10/35ths of a UK state pension at pension age, etc

Following a state pension overview, the UK brought the New State Pension in for those who reach state pesnion age from 2016. One of the many changes was the ending of using the NICs of a spouse to get/increase their state pension: the UK found there were women for countries where there is no welfare state, claimng a UK state pension even though they had never worked in the UK. For those reaching SPA from 2016, a UK state pension is only paid on the persons own Qualifying Years.

There is a limit to how many years NI Credits are given though Child Benefit anyway as the UK expects both parents to work.

You could look at getting a private pension for her while she is not working, that you would pay for. I think the annual pension payment limit for those not working is £2,500 and the UK government will also contribute. You would need to look on the internet for the rules on this.

Amber
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Re: Child benefit spouse visa high income tax

Post by Amber » Sun May 28, 2023 7:34 pm

JB007, that advice is not correct. It is possible for a person to transfer their NI credits (class 3 which count for state pension) from child benefit to their spouse/partner. The OP’s spouse should complete form CF411A to transfer the NI credits - https://www.gov.uk/government/publicati ... ers-cf411a
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uhuss12
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Re: Child benefit spouse visa high income tax

Post by uhuss12 » Mon May 29, 2023 10:57 am

Hi thanks for the replies, so I should apply for the child benefit then when she obtains ILR, transfer it over to her name, and she would get the credits?

Amber
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Re: Child benefit spouse visa high income tax

Post by Amber » Mon May 29, 2023 7:28 pm

uhuss12 wrote:
Mon May 29, 2023 10:57 am
Hi thanks for the replies, so I should apply for the child benefit then when she obtains ILR, transfer it over to her name, and she would get the credits?
You don’t need to wait, your wife should apply to transfer the NI credits (class 3) from your child benefit claim, to her, which will count towards a state pension. She should do so via - https://www.gov.uk/government/publicati ... ers-cf411a
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Amber
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Re: Child benefit spouse visa high income tax

Post by Amber » Tue May 30, 2023 5:15 pm

The relevant law which states who can, rather than who can not receive such credits, can be found in Regulations 2 and 5 of the Social Security (Contributions Credits for Parents and Carers) Regulation 2010 (SI 2010 No. 19) and Section 23A of the Social Security Contributions and Benefits Act 1992.
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Casa
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Re: Child benefit spouse visa high income tax

Post by Casa » Thu Jun 01, 2023 7:36 pm

Amber wrote:
Thu Jun 01, 2023 7:05 pm
Again here is the relevant law:
Amber wrote:
Tue May 30, 2023 5:15 pm
The relevant law which states who can, rather than who can not receive such credits, can be found in Regulations 2 and 5 of the Social Security (Contributions Credits for Parents and Carers) Regulation 2010 (SI 2010 No. 19) and Section 23A of the Social Security Contributions and Benefits Act 1992.
What is the forum you are referring to? Please link it, I’m not aware of any DWP public forum at all.
@Amber I'm not able to contribute anything to this thread, but as much as you both may find it useful, the Board Ts&Cs prohibit the posting of links to other forums.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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