Child Tax Credit while partner is studying abroad

[sam_J]

I was wondering if I someone could offer advice as to whether I am eligible to receive child tax credits - HMRC and online information has not provided a clear answer.

My partner and I are both PhD student in receipt of non-taxable stipends (I also have a small taxable income from teaching) and are both British citizens. My PhD is based in UK and my partner's in Spain (which pays her stipend) and partly in the UK. We had a child in the UK in December in the UK and applied for and received Child Tax credits and Child Benefit. In July, my partner moved back to Spain with our child while I remained in the UK with frequent visits to Spain, and she will remain there for seven months until February 2016 when she will return and we will both remain permanently in the UK.

HMRC has stopped our child benefits, which I expected, but have now also sent a letter stopping our child tax credits and asking for a reimbursement, which I did not expect. My understanding is that provided I remain in the UK, and my partner and child's absence is temporary (less than 52 weeks) we should continue to receive child tax credits. Does anyone have any information on this? I am in contact with HMRC but I can't get clear advice from the people I speak to on the phone.

[Wanderer]

I think temporary is less than three months? I could be wrong though....

[CR001]

If the child is out of the UK for 12 weeks or more, the benefit is stopped/suspended. Once the child returns, it can be resumed.

[sam_J]

If the child is out of the UK for 12 weeks or more, the benefit is stopped/suspended. Once the child returns, it can be resumed.

Great. Thanks for the clear answer. I am not sure why none of the people I spoke to from HMRC could tell me this! What confuses me is this section on the HMRC website ( https://www.gov.uk/tax-credits-if-movin ... emporarily ):

If your trip is going to last longer than 8 or 12 weeks, contact the Tax Credit Office within a month. Your tax credits will end unless:

you get UK benefits or State Pension and you live in another European country with a child
you work and pay National Insurance contributions in the UK, but your family lives in another European country

I still live and work in the UK and pay some NI, while my family lives in another EU country.