Child Tax Benefit

Dear Sir/Madam,

Both of my husband and I have indefinite leave to remain.
My first 2 children born in Malaysia and they have indefinite leave to remain.
My 3rd child born in England and now he has submitted his British Registration and awaiting for decision.
My questions are as below:

(1) Am I eligible to apply child tax benefit for my first 2 Children?
(2) What about my 3rd child, am I allowed to apply under his name as well? Would this jeopardise his British Registration?

Thanks for your advice.

Presumably you mean Child Benefit and not child tax benefit.

Yes you can claim for all children. It is adults that claim, not children.

You can only get child tax credit for children born before 2017. Your third child will not get child tax credit because of the 2 child rule bought in 2017. Hope this helps

CR001 wrote: ↑

Wed May 26, 2021 4:48 pm

Presumably you mean Child Benefit and not child tax benefit.

Yes you can claim for all children. It is adults that claim, not children.

Dear Madam,

Thanks for reply, yes I meant Child Benefit, sorry for my mistake.

As of previous message, my 1 year old Child is in the process of applying British Registration and still awaiting for the outcome. My 1 year old Child born in England and he has UK Birth Certificate. Both of myself and my husband are from Malaysia and we all have Indefinite Leave to Remain. According to the following statement:

Child Benefit
The general rule is that no person subject to immigration control is entitled to Child Benefit (Section 115 of the Immigration and Asylum Act 1999, sub-sections (1) and (3)). However, a person who falls under one of the following exceptions cannot be denied Child Benefit on the ground they are subject to immigration control.

Exception 1
A person who has been given permission to enter, or stay in, the UK subject to a maintenance undertaking by another person or persons (pursuant to the Immigration Rules within the meaning of the Immigration Act 1971).

The above statement can be acquired from the following link (pg 16 of 64)

https://www.gov.uk/government/publications/public-funds

According to the above statement, I am not sure that if my child is under exception 1 to be eligible to apply for Child Benefit without jeopardising his British Registration? Is he under the category of "has been given permission to enter, or stay in, the UK"? I would like to reiterate that he doesn't has any UK Visa and no passport stamp of limited leave to remain. He only has British Birth Certificate and Malaysian Passport. Your answer is much appreciated. Thank you.

ILR-1982 wrote: ↑

Sat Jun 05, 2021 1:50 pm

Child Benefit
The general rule is that no person subject to immigration control is entitled to Child Benefit (Section 115 of the Immigration and Asylum Act 1999, sub-sections (1) and (3)). However, a person who falls under one of the following exceptions cannot be denied Child Benefit on the ground they are subject to immigration control.

Exception 1
A person who has been given permission to enter, or stay in, the UK subject to a maintenance undertaking by another person or persons (pursuant to the Immigration Rules within the meaning of the Immigration Act 1971).

The above statement can be acquired from the following link (pg 16 of 64)

https://www.gov.uk/government/publications/public-funds

According to the above statement, I am not sure that if my child is under exception 1 to be eligible to apply for Child Benefit without jeopardising his British Registration? Is he under the category of "has been given permission to enter, or stay in, the UK"?

I doesn't read that a maintance undertaking applies to child dependants?

A maintenance undertaking is a written agreement given by a sponsor. It states they will be responsible for the maintenance and accommodation of a person subject to immigration control while they are in the UK. It is an offence under the Social Security Administration Act 1992 for a sponsor not to maintain people who they are responsible for. If a failure to be maintained bythe sponsored person results in a person claiming contributory based benefits,the benefits may be recovered from the sponsor.The HomeOffice may take appropriate steps to recover amounts from the sponsor that were provided under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers) to a person being sponsored.

Page 17
https://www.gov.uk/government/publications/public-funds

ILR-1982 wrote: ↑

Sat Jun 05, 2021 1:50 pm

I would like to reiterate that he doesn't has any UK Visa and no passport stamp of limited leave to remain. He only has British Birth Certificate and Malaysian Passport. Your answer is much appreciated. Thank you.

From your previous posts you state this baby was born in April 2020. I assume you know that as you didn't get a visa for him and therefore you couldn't pay the Immigration Health Surcharge for him with a visa, you need private health insurance for him? Billed at 150% of the NHS costs.

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 up to 3 months of age, but only if they remain in the UK during that period.

https://www.nhs.uk/nhs-services/visitin ... -area-eea/


For Child Benefit for him, you will need to decide for yourself-

My child is a person subject to immigration control

Non-means tested Benefits

For Child Benefit, if you are not a person subject to immigration control, you can claim for a child for whom you are responsible for, regardless of the child’s immigration status. However, if the child’s leave is subject to a no recourse to public funds restriction, claiming child benefit for her/him could affect their right to remain in the UK. Get specialist immigration advice if you are in this situation.
https://www.turn2us.org.uk/Benefit-guid ... de-content



Child Benefit

Eligibility for Child Benefit depends on the parent’s immigration and residence status, rather than the child's nationality or immigration status.

An eligible parent may claim Child Benefit regardless of the child’s immigration status. However, when a child has leave to remain that is subject to the NRPF condition, legal advice should be obtained from an immigration adviser before an application for Child Benefit is made to find out whether this may adversely affect the child’s current or future immigration position.

When a sole parent or both parents in a household have leave to remain that is subject to the NRPF condition, they will not qualify for Child Benefit and will not be able to claim this for a British child. They may only qualify for Child Benefit if an exception applies.
https://www.nrpfnetwork.org.uk/informat ... exceptions

More here-
https://www.citizensadvice.org.uk/immig ... n-control/

JB007 wrote: ↑

Sat Jun 05, 2021 5:13 pm

More here-
https://www.citizensadvice.org.uk/immig ... n-control/

From the above link-

You can usually claim benefits included in public funds for your child if they’re subject to immigration control for benefits and services, but you’re not.

This doesn't apply to:

Disability Living Allowance (DLA)

the child and childcare costs elements of Universal Credit

Child Benefit – if ‘no public funds’ is a condition of your child’s stay

Get immigration advice before you try to claim one of these benefits


AND
You won’t be told if a benefit or service is included in public funds when you apply, so it’s important to check for yourself.

JB007 wrote: ↑

Sat Jun 05, 2021 4:49 pm

ILR-1982 wrote: ↑

Sat Jun 05, 2021 1:50 pm

Child Benefit
The general rule is that no person subject to immigration control is entitled to Child Benefit (Section 115 of the Immigration and Asylum Act 1999, sub-sections (1) and (3)). However, a person who falls under one of the following exceptions cannot be denied Child Benefit on the ground they are subject to immigration control.

Exception 1
A person who has been given permission to enter, or stay in, the UK subject to a maintenance undertaking by another person or persons (pursuant to the Immigration Rules within the meaning of the Immigration Act 1971).

The above statement can be acquired from the following link (pg 16 of 64)

https://www.gov.uk/government/publications/public-funds

According to the above statement, I am not sure that if my child is under exception 1 to be eligible to apply for Child Benefit without jeopardising his British Registration? Is he under the category of "has been given permission to enter, or stay in, the UK"?

I doesn't read that a maintance undertaking applies to child dependants?

A maintenance undertaking is a written agreement given by a sponsor. It states they will be responsible for the maintenance and accommodation of a person subject to immigration control while they are in the UK. It is an offence under the Social Security Administration Act 1992 for a sponsor not to maintain people who they are responsible for. If a failure to be maintained bythe sponsored person results in a person claiming contributory based benefits,the benefits may be recovered from the sponsor.The HomeOffice may take appropriate steps to recover amounts from the sponsor that were provided under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers) to a person being sponsored.

Page 17
https://www.gov.uk/government/publications/public-funds

Dear Sir/Madam,

Thanks for getting back to me.
I think I asked the wrong question.
My husband and I take full responsibility on the expenses to our 1 year old child (born in England with British Birth Certificate). However, home office hasn't requested any written agreement stating that we are fully responsible for the expenses to our 1 year old child.
Both of myself and my husband are Malaysian and we both have Indefinite Leave to Remain.
My child has submitted his application for British Registration and still awaiting for decision from Home Office. At this stage, I believe that my child still subject to immigration control?

Based on the below statement:

Child Benefit
The general rule is that no person subject to immigration control is entitled to Child Benefit (Section 115 of the Immigration and Asylum Act 1999, sub-sections (1) and (3)). However, a person who falls under one of the following exceptions cannot be denied Child Benefit on the ground they are subject to immigration control.

Is that meant that if I apply for Child Benefit under this child name, this can jeopardise his British Registration? Your advice is very much appreciated. Thank you.

JB007 wrote: ↑

Sat Jun 05, 2021 4:49 pm

It doesn't read that a maintance undertaking applies to child dependants?

A maintenance undertaking is a written agreement given by a sponsor. It states they will be responsible for the maintenance and accommodation of a person subject to immigration control while they are in the UK. It is an offence under the Social Security Administration Act 1992 for a sponsor not to maintain people who they are responsible for. If a failure to be maintained bythe sponsored person results in a person claiming contributory based benefits,the benefits may be recovered from the sponsor.The HomeOffice may take appropriate steps to recover amounts from the sponsor that were provided under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers) to a person being sponsored.

Page 17
https://www.gov.uk/government/publications/public-funds

And

Maintenance undertakings

When a person has indefinite leave to remain as the adult dependent relative of a person who is settled in the UK, they will be subject to a maintenance undertaking that was made by their sponsoring relative.
https://www.nrpfnetwork.org.uk/informat ... exceptions


And 35
https://www.gov.uk/guidance/immigration ... -in-the-uk

CR001 wrote: ↑

Wed May 26, 2021 4:48 pm

Presumably you mean Child Benefit and not child tax benefit.

Yes you can claim for all children. It is adults that claim, not children.

Is there any difference between child benefit and Child tax credit?
I Applied child tax credit for my daughter which was approved recently, she got British passport(I got ILR), can I apply for child benefit as well? Any claim will have effect Naturalisation application?

Saam127 wrote: ↑

Sun Jun 06, 2021 6:53 am

Is there any difference between child benefit and Child tax credit?
I Applied child tax credit for my daughter which was approved recently, she got British passport(I got ILR), can I apply for child benefit as well? Any claim will have effect Naturalisation application?

You should realy start your own thread as your circumstances are different to the OP. You are an ILR parent claiming for a British citizen child. Those who are granted ILR, no longer have the "No Recouse to Public Funds" restriction.

Child Benefit is a different benefit to the benefit call Tax Credit (Child Tax Credit and Working Tax Credit).

Child Benefit is handled by HMRC and has a salary cap.
It's a Public Fund. The UK has agreements with some other countries so that these can claim Child Benfit even though they can't take UK Public Funds.
You can read how a stay at home parent can use Child Benefit (if they are allowed Public Funds or have an exemption)to get a National Insurance Credit towards their own state pension and what their higher earning partner must then do.
No limit the number of children you can apply for.
https://www.gov.uk/child-benefit


Tax Credit are two of the six welfare benefits that have been replaced by the one single benefit called Universal Credit, under the Welfare Reform Acts. Tax Credit and Universal Credit are Public Funds.
Universal Credit is a means tested benfit and is handled by the DWP.
https://www.gov.uk/universal-credit
Tax Credit and it's replacement Universal Credit, has a two child limit for children born from 6 April 2017. Which means you can have more children while on benefits, but the state will not pay for these. No limit to the number of children you can claim claimcare for.
Universal Credit has different rules and regulations to Tax Credit.

Not sure how you managed to recently claim Tax Credit as new claimants claim Universal Credit? Even if you were claiming before you had your child, you might have triggered a move to Universal Credit?
https://www.entitledto.co.uk/help/chang ... sal_Credit
Eventually all those on Tax Credit will have their claim stopped and they can then apply for Universal Credit.

If both parents and the children has settlement (ILR/British citizenship) you can use the benefit calulators to see what you can claim.
https://www.gov.uk/benefits-calculators

Not all benefits are Public Funds.

JB007 wrote: ↑

Sun Jun 06, 2021 9:34 am

No limit to the number of children you can claim claimcare for.

My typo mistake in my reply in the post just above this, to Saam127

No limit to the number of children you can claim childcare for.