HELP-Is Maternity Allowance considered to be a public fund??

Hi

Im a little confused as Ive read two conflicting opinions.

1st question: MATERNITY ALLOWANCE - is this a public fund?

2nd question: CHILD BENEFIT - is this is a public fund?

Thanks for any advice.

Mrs H

Mrs_H wrote:Hi

Im a little confused as Ive read two conflicting opinions.

1st question: MATERNITY ALLOWANCE - is this a public fund?

2nd question: CHILD BENEFIT - is this is a public fund?

Thanks for any advice.

Mrs H

CB isn't, so long as it's claimed by the BC/ILR parent. Dunno about MA...

Thanks for your reply.

Still confused!

According to the Border and Immigration Agency :

http://www.ind.homeoffice.gov.uk/applyi ... ublicfunds

CB is considered a public fund.

Couldnt find any info about MA though..

Mrs_H wrote:Thanks for your reply.

Still confused!

According to the Border and Immigration Agency :

http://www.ind.homeoffice.gov.uk/applyi ... ublicfunds

CB is considered a public fund.

Couldnt find any info about MA though..

I think CB is considered a public fund in one sense since for example if the mother is on a time limited visa (ie FLR) she is not entitled to claim it.

But if the father is a BC or holds ILR, it's his child too and he's entitled to claim it.

Note for the PC crowd, substitute father for mother as required.

I'd imagine the same for MA, a non-settled mother wouldn't be entitled, whereas the settled spouse of a non-settled father would.

What Wanderer has said on Child Benefit is spot on. If one parent is on ILR then it can be claimed.

Maternity allowance and statutory maternity pay are different.

People on spousal visas/FLR/Leave to enter/people not considered settled for the purpose of the immigration rules are entitled to contributory benefits, which are NOT public funds, although some may depend on the amount of NI contributions made.

This document is from 2005, but I believe it is still accurate

http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

So, statutory maternity pay would not be considered a public fund.

Maternity Allowance is only paid to those who do not qualify for SMP. It is also a contributory benefit, so you have to have been working for a certain amount of time in the UK or a country with a reciprocal agreement to qualify. It is also not a public fund. This page might help:

http://search2.openobjects.com/kbroker/ ... +allowance


Victoria