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Claimed child benefit for 4 months & ILR application due

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Angeleyes24
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Claimed child benefit for 4 months & ILR application due

Post by Angeleyes24 » Sat Mar 30, 2019 11:23 am

Hello

My husband are I are due for our ILR application in April and submitted to claim child benefit in January 2019 ( child born in Dec 2018) . We were told it was mandatory when we registered the birth of our child . Also we called to speak to HMRC and they told we can apply . On finding out our mistake we cancelled the claim immediately and it will take up to 3 weeks to process . Currently we have only rcvd 4 payments and will pay it back immediately once we get details from HMRC . We still do not know if the HMRC will provide us with a letter stating it was administrative error . Shouldn’t they know we are on BRP from our national insurance number ??

Does anyone have any idea how this will affect us and if you have personal experience on how to resolve it . What should I do and what documents should I enclose with my application.

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Re: Claimed child benefit for 4 months & ILR application due

Post by zimba » Sat Mar 30, 2019 2:21 pm

If this is canceled and any money claimed is returned you should be fine.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Claimed child benefit for 4 months & ILR application due

Post by michali » Sat Mar 30, 2019 2:47 pm

Is one of you a British citizen? If so, you are entitled to Child Benefit as long as you declare that the other is under Immigration Control. It appears from your post, that you are not entitled, so make sure you document everything, ie. write letters rather than calling. You may or may not be able to get a letter admitting it was an administrative error. If I were you, I would calculate how much you have received and pay it back by cheque immediately with a covering letter. Send by recorded delivery and copy everything, your covering letter, the cheque and receipt of delivery. I don’t think NIN indicates if a person is under immigration control, does it?

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Re: Claimed child benefit for 4 months & ILR application due

Post by Angeleyes24 » Sat Mar 30, 2019 2:59 pm

@zimba : thank you . We jus cancelled it today morning as we read about it last night . We are still waiting for the letter to confirm cancellation to arrive and thereafter pay them back .

Do you know how long this process of getting the letter from them takes ?

Did you face a similar issue ?

@michali : thanks . You are correct we both are on brp as of now and qualify in April for ILR application. As the payments will also show in my husbands bank account we are concerned it should have a negative impact . As mentioned about we are waiting for all the details to come from the HMRC . There is no email to send , do you recommend even after cancelling over phone I should post a letter to them ?

Appreciate your help as it really is very stressful!

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Re: Claimed child benefit for 4 months & ILR application due

Post by zimba » Sat Mar 30, 2019 3:03 pm

This administrative error also should be explained by a covering letter when you apply for ILR.
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Re: Claimed child benefit for 4 months & ILR application due

Post by Angeleyes24 » Sat Mar 30, 2019 3:10 pm

@zimba : thanks I will surely do so but what if I cannot prove that it was and administrative error . It would their word against mine . I cannot recollect what we mentioned in the form as we filled it at birth registration and sent it directly from there .

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Re: Claimed child benefit for 4 months & ILR application due

Post by michali » Sat Mar 30, 2019 3:32 pm

Angeleyes24 wrote:
Sat Mar 30, 2019 2:59 pm
@zimba : thank you . We jus cancelled it today morning as we read about it last night . We are still waiting for the letter to confirm cancellation to arrive and thereafter pay them back .

Do you know how long this process of getting the letter from them takes ?

Did you face a similar issue ?

@michali : thanks . You are correct we both are on brp as of now and qualify in April for ILR application. As the payments will also show in my husbands bank account we are concerned it should have a negative impact . As mentioned about we are waiting for all the details to come from the HMRC . There is no email to send , do you recommend even after cancelling over phone I should post a letter to them ?

Appreciate your help as it really is very stressful!
I would definitely put it in writing! As I understand it from the forums, HO check with HMRC and DWP to ensure that no untitled benefits are being claimed. Just be honest when applying, that you were told you must apply and then realized you should not have done, have repaid the amount and attach all receipts and copies of letters.

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Re: Claimed child benefit for 4 months & ILR application due

Post by Angeleyes24 » Sat Mar 30, 2019 3:40 pm

@michali : thanks I just carried out a chat with HMRC and asked if they could be a letter stating the mistake , which they declined ,saying they will not issue it . They told me to wait for the letter in post to get details on next steps about payment etc . Do you think I should still send them a letter to request the cancellation or would it duplicate the process ?

You mention in your first post to issue a cheque and send it immediately. Should I do it before receiving any communication from them ? If so do you know to whom the cheque should be made to ?

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Re: Claimed child benefit for 4 months & ILR application due

Post by michali » Sat Mar 30, 2019 4:39 pm

It is difficult and I agree you may have to wait for details. I hope they send the information quickly so that, when the time comes to apply, the matter will have been resolved.

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Re: Claimed child benefit for 4 months & ILR application due

Post by Angeleyes24 » Sat Mar 30, 2019 6:46 pm

Yes I hope so too . It’s quite stressful that a simple silly mistake makes so much mess. Are you aware of similar cases and if the applicant was granted their ILR ?

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Re: Claimed child benefit for 4 months & ILR application due

Post by michali » Sat Mar 30, 2019 7:27 pm

No, but I have seen other posters concerned about this issue. If you put 'child benefit' in the search bar, some similar situations might come up. All the best in sorting this out!

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Re: Claimed child benefit for 4 months & ILR application due

Post by Angeleyes24 » Sat Mar 30, 2019 7:44 pm

Thank you

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Re: Claimed child benefit for 4 months & ILR application due

Post by katanayi » Sat Mar 30, 2019 8:05 pm

As for my understanding, it is a not HMRC administrative error, rather your understanding about benefit claim rights. In the form, there are clear questions about Immigration control. Most probably, lack understanding, people put the wrong answer. Therefore, HMRC never accepts their error. The best solution is pay it back and get a letter about the same. Lastly, don't forget to declare it@ILR application with covering letter.

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Re: Claimed child benefit for 4 months & ILR application due

Post by Angeleyes24 » Sat Mar 30, 2019 8:17 pm

@katanayi. : yes you are correct it is mistake in understanding . I had called to clarify the question with regards to immigration control but was told not applicable. In your experience if we provide all these details and pay it back will it be ok for our application . Should I approach a consultant or immigration lawyer to help us ?

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Re: Claimed child benefit for 4 months & ILR application due

Post by katanayi » Sun Mar 31, 2019 9:41 am

I did not have this situation as I did not claim benefit.
As people suggested, arrange payment and get a letter of cleared payment. Then add a covering letter.
There is no other option, I believe.

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Re: Claimed child benefit for 4 months & ILR application due

Post by Angeleyes24 » Mon Apr 01, 2019 8:48 pm

Hello all

Just wanted to know has the set (O) for
has changed from the version 07/2018 . If so what is the question with regards to public funds . I cannot find a pdf version of the form online and I don’t want to start a mock online form yet .

Please let me know .

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baby born in UK no nationality yet any NHS costs ?

Post by Angeleyes24 » Tue Apr 02, 2019 8:13 pm

Hello ,

I have been told that all babies born in UK have 3 months free NHS and after that if they have not been declared as British citizen or any other nationality , they need to pay for NHS. My child does not have a nationality yet and we can apply for ILR from this month onwards .

Please let me know

Thanks

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Re: baby born in UK no nationality yet any NHS costs ?

Post by zimba » Tue Apr 02, 2019 11:02 pm

Angeleyes24 wrote:
Tue Apr 02, 2019 8:13 pm
Hello ,

I have been told that all babies born in UK have 3 months free NHS and after that if they have not been declared as British citizen or any other nationality , they need to pay for NHS. My child does not have a nationality yet and we can apply for ILR from this month onwards .

Please let me know

Thanks
You cannot use NHS hospitals. You should be able to visit your GP I assume. I suggest to get ILR and register baby as British citizen
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Claimed child benefit for 4 months & ILR application due

Post by Angeleyes24 » Wed Apr 03, 2019 9:01 am

Thanks @zimba . I have used the NHS hospital in the first 3 months , how can I check if I owe any dues ?

Thanks

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Re: Claimed child benefit for 4 months & ILR application due

Post by CR001 » Wed Apr 03, 2019 9:43 am

Angeleyes24 wrote:
Wed Apr 03, 2019 9:01 am
Thanks @zimba . I have used the NHS hospital in the first 3 months , how can I check if I owe any dues ?

Thanks
There is no charge in the first 3 months for babies. Nothing you need to check!!
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Re: baby born in UK no nationality yet any NHS costs ?

Post by JB007 » Wed Apr 03, 2019 10:09 am

Angeleyes24 wrote:
Tue Apr 02, 2019 8:13 pm
Hello ,

I have been told that all babies born in UK have 3 months free NHS and after that if they have not been declared as British citizen or any other nationality , they need to pay for NHS.


The NHS is only bill free for British citizens and those with a valid ILR, if they reside in the UK. All others either pay the IHS with a visa of more than 6 months, or there is an agreement with the UK, or they pay when they use the NHS with 50% added if there is no insurance to pay. Even some British citizens have to pay to use the NHS and get 50% added to the bill too if they didn't have private insurance to pay.

The 3 months free use of the NHS for a baby born in the UK,if the baby has not left the UK and the mother is legally in the UK, is to allow the parents to arrange a visa for their baby and pay the IHS, or to buy private insurance for their child.

Only a small number of services are free and the rest has to be paid for. Vaccinations will not be free after this 3 months.

https://www.gov.uk/guidance/nhs-entitle ... alth-guide

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Re: baby born in UK no nationality yet any NHS costs ?

Post by JB007 » Wed Apr 03, 2019 10:56 am

Children born in the UK to those here lawfully for more than 6 months

If you give birth to a child in the UK, your child will be entitled to free NHS hospital treatment in England on the same basis as someone who's ordinarily resident.

Your child is covered until 3 months of age, but only if they didn't leave the UK during that period.

You'll also need to meet one of the below criteria:

- you have a valid visa of more than 6 months and paid the surcharge for that visa
- you have a valid visa for more than 6 months, but were exempt from paying the surcharge
- you have a valid visa for more than 6 months, which you applied for prior to April 6 2015

You should apply for a visa for your child during the 3-month period after your child's birth.

If required, you may have to pay the surcharge for your child. Failure to do so means you may be charged for NHS services provided for your child after the 3-month period.

Page last reviewed: 10/09/2018


https://www.nhs.uk/using-the-nhs/nhs-se ... -area-eea/

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Re: Claimed child benefit for 4 months & ILR application due

Post by JB007 » Wed Apr 03, 2019 11:03 am

Angeleyes24 wrote:
Sat Mar 30, 2019 11:23 am
We were told it was mandatory when we registered the birth of our child.
It's not mandatory to claim benefits. Many British citizens can not claim Child Benefit either.

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Re: Claimed child benefit for 4 months & ILR application due

Post by Angeleyes24 » Wed Apr 03, 2019 11:20 am

Hi @JB007

Thanks for your response and information .

Ok first thing about NHS - my child born was born Dec last year and till March has used only for vaccination and an emergency visit to hospital . After the 3 month , there has been one GP appointment and 1 more vaccination. I have not yet arranged the visa for my child . I am on BRP and we have been here for around 5 years. In this scenario , I believe my husband and I have paid IHS on our visas , for my child how do I find out the cost I need to pay ?

Second point of benefit, yes now I am aware of this now but after giving birth in the hospital, talking to registrar , they said it’s mandatory if you want to protect your child’s interest. In addition , we had called child benefit line and they we could apply , also our form was checked by the registrar at birth registration. He told us it’s all on place even after seeing our BRP . How should we explain this while applying for ILR ?

Do you know anyone who has got ILR after issues about child benefit . There are many threads but no one has come back to answer how it went after they got the advise and submitted for ILR .


Thanks for your help and advise !

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Re: Claimed child benefit for 4 months & ILR application due

Post by JB007 » Wed Apr 03, 2019 12:46 pm

Angeleyes24 wrote:
Wed Apr 03, 2019 11:20 am
for my child how do I find out the cost I need to pay ?
Go to the place where they gave your child that vaccination after the 3 months and ask them to bill you for that vaccinationt?

Angeleyes24 wrote:
Wed Apr 03, 2019 11:20 am
Second point of benefit, yes now I am aware of this now but after giving birth in the hospital, talking to registrar , they said it’s mandatory if you want to protect your child’s interest.
I have no idea what they are talking about, Child Benefit money is for the parent to have, if they are allowed it. Earnings and/or immigration status, can mean they cannot have that benefit.
Angeleyes24 wrote:
Wed Apr 03, 2019 11:20 am
In addition , we had called child benefit line and they we could apply ,also our form was checked by the registrar at birth registration. He told us it’s all on place even after seeing our BRP . How should we explain this while applying for ILR ?
The hospital staff are not benefits staff or immigration staff. Did you put on your benefit claim form that you are subject to immigration control? The benefits staff work on your declaration on the claims form and should have refused your benefit claim if you had declared that and of they made an error this should not affect your visa, but you will have to pay the money back.

I have no idea how this works from a UKVI standpoint - others on here will know. I would guess that you are not the only person to receive something you were not allowed to take.

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