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Child benefit

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Mallu_Desi
Member
Posts: 150
Joined: Wed Dec 25, 2019 8:07 pm

Child benefit

Post by Mallu_Desi » Wed Jun 08, 2022 12:04 am

Dear all,

I am a British passport holder and my wife is Indian. She is on spouse visa which expires on Sep 2023 (first extension/2.5 years). She is my dependant and she has no recourse to public funds status. We recently had a baby and I am wondering whether we can apply for child benefit? Does it affect my wife’s visa as I am her sponsor?

vinny
Moderator
Posts: 32785
Joined: Tue Sep 25, 2007 7:58 pm

Re: Child benefit

Post by vinny » Wed Jun 08, 2022 1:03 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Child benefit

Post by JB007 » Wed Jun 08, 2022 6:10 am

Mallu_Desi wrote:
Wed Jun 08, 2022 12:04 am
Dear all,

I am a British passport holder and my wife is Indian. She is on spouse visa which expires on Sep 2023 (first extension/2.5 years). She is my dependant and she has no recourse to public funds status. We recently had a baby and I am wondering whether we can apply for child benefit? Does it affect my wife’s visa as I am her sponsor?
It won't affect your wife if the Child Benefit claim in your name only. Her name will be linked because of the Child Benefit cap of where a paerent earing 50k can reduce the CB amount, but the claim must be in your name only.

Citzens Advice has a link on If your partner is subject to immigration control but your not.
https://www.citizensadvice.org.uk/immig ... n-control/

It's the welfare benerfit Council Tax Reduction that can aaffect your NTPF wife and sometimes the welfare benefit Universal Credit. Have a read of these links.
claiming-benefits/universal-credit-clai ... 02126.html


JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Child benefit

Post by JB007 » Wed Jun 08, 2022 6:24 am

vinny wrote:
Wed Jun 08, 2022 1:03 am
See also Spouse visa holder on child benefit and child tax credit.
The welfare benefit Tax Credit ended years ago and was replaced by Universal Credit, which has different rules and regulations.
e.g.
-Like Tax Credit, Universal Credit will-still have to be a joint claim if you have a partner.
-Unlike Tax Credit, on Universal Credit there will not be extra benefit money for a No Reccourse to Public Partner: both parents will have to work unless they have an exemption, no receiving Universal Credit if you live outsdie of the UK: the self employed have a Minimum Income Floor. etc

By 2024 all those on Tax Credit will have received a letter telling them to claim Universal Credit instead by a certian timeframe: then their Tax Credit claim will end. Some will get transtion protection (protection from a benefit amount drop for a limited time or a protection from their claim ending for a year).

Those that have found they get more benefit money on Universal Credit, or could not claim Tax Cresdit but can ckaim Universal Credit, will likely already have mpved to/claimed UC.

JB007
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Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Child benefit

Post by JB007 » Wed Jun 08, 2022 6:38 am

Please excuse all the spelling errors in my above post. I type on a keybaord without the letters on the keys and time ran out for me to correct the errors.

The link on the end for those claiming the Tax Credit welfare benefit.
https://www.gov.uk/government/news/mana ... to-restart

Mallu_Desi
Member
Posts: 150
Joined: Wed Dec 25, 2019 8:07 pm

Re: Child benefit

Post by Mallu_Desi » Wed Jun 08, 2022 10:04 am

Thank you Vinny and JB007.

She doen’t Work and she hasn’t done any paid employement in UK. However we get marriage allowance. Do I still have to give her details?

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Child benefit

Post by JB007 » Wed Jun 08, 2022 1:16 pm

Mallu_Desi wrote:
Wed Jun 08, 2022 10:04 am

She doen’t Work and she hasn’t done any paid employement in UK. However we get marriage allowance. Do I still have to give her details?
My answers above were assuming your child is also a British citizen.

Yes, she has to be linked, ready for when she does work. HMRC checks to see what each parent is earning each year.
JB007 wrote:
Wed Jun 08, 2022 6:10 am
Her name will be linked because of the Child Benefit cap of where a paerent earing 50k can reduce the CB amount, but the claim must be in your name only.
If she still isn't working when she is granted ILR (and can then have public funds), change the Child Benefit to her name, so that she gets a Credit towards the UK state pension.

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