Disable child benefits -Parents ILR Child T1 Ent leave expired

We have been granted ILR based on T1 Ent . We have 8 year old child who was born in UK . Child was diagnosed with some disabilities in 2015 while we were on T1 Ent visa with no public funds conditions . We did not applied child ILR as born in UK is entitled to British nationality once we got ILR . Child's T1 ent ext visa was expired in july 2019 .

We will apply for his British nationality soon but as of now child has no valid leave . We never claimed any benefits ever came in UK . Not sure what benefits we can claim as of now . Can we claim DLA and carers allowance for child . Both parents are self employed one works 32 hrs and another parent work only 12 hrs week due to caring of disable child .shell we wait for child's British nationality or we can start now . Any advice where and what can we start . Thanks

tier1in2014 wrote: ↑

Fri Sep 06, 2019 8:55 pm

We did not applied child ILR as born in UK is entitled to British nationality once we got ILR . Child's T1 ent ext visa was expired in july 2019 . We will apply for his British nationality soon but as of now child has no valid leave .

Have you taken out private health insurance to cover your child's health costs now? 50% is added to the bill if there is no insuance that will pay. Wait for others to advise on this if you have not.

tier1in2014 wrote: ↑

Fri Sep 06, 2019 8:55 pm

Can we claim DLA and carers allowance for child .

You can only claim carers if the child is awarded DLA at the level that will allow a carer.

To be able to claim DLA for your child-

Usually, to qualify for Disability Living Allowance (DLA) for children the child must:

be under 16
need extra looking after or have walking difficulties
be in Great Britain, another European Economic Area (EEA) country or Switzerland when you claim - there are some exceptions, such as family members of the Armed Forces
have lived in Great Britain for 2 of the last 3 years, if over 3 years old
be habitually resident in the UK, Ireland, Isle of Man or the Channel Islands
not be subject to immigration control
https://www.gov.uk/disability-living-al ... ligibility

Thanks for your reply . No we never had any private health insurance for child as most of the health related issues are covered by NHS . Will Immigration control going to be the effect on any claimable benefits while waiting for British nationality for UK born child with no current valid leave when parents have ILR .

tier1in2014 wrote: ↑

Fri Sep 06, 2019 8:55 pm

Child's T1 ent ext visa was expired in july 2019 .

We will apply for his British nationality soon but as of now child has no valid leave .

tier1in2014 wrote: ↑

Sat Sep 07, 2019 3:02 pm

No we never had any private health insurance for child as most of the health related issues are covered by NHS

5.8 on the NHS charging regulations-

An individual who pays for the health surcharge is only entitled to free treatment once their application for a visa has been granted, and not from the date when the health surcharge is paid. The exemption from charges for relevant services applies to the period of leave to enter or remain in the UK granted to the person. Once that leave expires or is curtailed, the person becomes liable for charges from then on,including where the person is part-way through a course of treatment.
https://assets.publishing.service.gov.u ... ations.pdf

tier1in2014 wrote: ↑

Sat Sep 07, 2019 3:02 pm

Will Immigration control going to be the effect on any claimable benefits while waiting for British nationality for UK born child with no current valid leave when parents have ILR .

I gave you the link, above.

Thanks for that lots of good info but still cant find the clear answer if child will be still under immigration while waiting for British naturalization .

tier1in2014 wrote: ↑

Sun Sep 08, 2019 8:50 pm

Thanks for that lots of good info but still cant find the clear answer if child will be still under immigration while waiting for British naturalization .

No they will not. A citizenship application comes under nationality law and not the immigration rules. There is no section 3C protection under citizenship applications. Your child is in the UK without a valid visa

CR001 wrote: ↑

Mon Sep 09, 2019 6:10 am

tier1in2014 wrote: ↑

Sun Sep 08, 2019 8:50 pm

Thanks for that lots of good info but still cant find the clear answer if child will be still under immigration while waiting for British naturalization .

No they will not. A citizenship application comes under nationality law and not the immigration rules. There is no section 3C protection under citizenship applications. Your child is in the UK without a valid visa

Thanks for clarification . Yes as of now child has no valid visa . Will it be ok to apply for his DLA . Thanks