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Over payment of 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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Maistone252
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Over payment of child benefit

Post by Maistone252 » Sat Feb 13, 2016 11:36 pm

Hi, my husband and I are from non eu. We acquired our ILR based on long residence recently.We have 4 children who are born in N.Ireland and hold Irish passport. We received a letter from Hmrc stating they over paid us child benefit since 2007 and asked us to pay back,saying we were under immigration control and no recourse to public fund until recently. Now the thing is we dealt this problem in 2011 before, they stopped the child benefit but we appeal and won. We are going to ask them to reconsider their decision. Any chance of success?

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CR001
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Re: Over payment of child benefit

Post by CR001 » Sun Feb 14, 2016 10:52 am

Did you pay back the money back then?

If you were not entitled to it, you need to pay it back. HMRC can take you to court for things like this.
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Maistone252
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Re: Over payment of child benefit

Post by Maistone252 » Sun Feb 14, 2016 2:38 pm

Hi Char, no, we did not repay the money in 2007 because after we sent appeal or reconsider letter ( I can't remember which ) Hmrc wrote to us again saying they have changed their mind and will continue to pay us child benefits and we did not need to repay them any money. So we continue receiving until end of 2015, then suddenly last week we received a letter saying we were not supposed or entitled to this due to us under immigration control and no recourse to public fund. They this time ask for repayment from 2007 till 2015. But they also saying they will start paying child benefits since we have our ILR recently.

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Re: Over payment of child benefit

Post by Maistone252 » Sun Feb 14, 2016 3:17 pm

Sorry typo mistake, we start receiving child benefits in 2007, all along they knew we are under immigration control and in 2011 they sent us letter saying they will stop the benefit and no need to repay them. We appeal/asked for reconsideration, they then wrote back and say they have reconsidered and will start paying again. Then last week they demand repayment since 2007.

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Re: Over payment of child benefit

Post by CR001 » Sun Feb 14, 2016 4:01 pm

What was your visa status before ILR?

You should have paid the money back. You are lucky you got ILR.
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Maistone252
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Re: Over payment of child benefit

Post by Maistone252 » Sun Feb 14, 2016 4:36 pm

Before Ilr, we were on limited leave to remain. In 2011, they said in the letter we do not need to repay the money, also reinstate our child benefits. But why are they asking for the repayment now? This is so surreal.

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Re: Over payment of child benefit

Post by CR001 » Sun Feb 14, 2016 4:40 pm

we were on limited leave to remain
Which category of 'limited leave to remain'? There are many categories.

If they are asking you to pay back, suggest you arrange to pay them back.
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Maistone252
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Re: Over payment of child benefit

Post by Maistone252 » Sun Feb 14, 2016 5:47 pm

We were on limited leave to remain based on Chen case. Of course if we have the money we want to pay the money back but don't you think that in 2011 when they reinstated the child benefit and said no need to repay, that must be somethings in our situation that reflects the right of the benefit. We are also given an appeal rights this time and I am not going to waste it. Any suggestions on grounds of appeal?

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Re: Over payment of child benefit

Post by Casa » Sun Feb 14, 2016 6:35 pm

Under Chen, this may be the issue you are facing (but I'm open to other views):
17.In the first case type caseworkers should continue to assess applications as before by ensuring that on the date of application the EEA national child is
exercising rights in the UK as a self-sufficient person. This includes the requirement to hold comprehensive sickness insurance and to have sufficient
resources not to become a burden on the social assistance system of the UK during their period of residence. It should be noted that the resources relied
upon by the EEA national child need not necessarily belong directly to that child in order to satisfy regulation 4(1)(c)(i), provided that those resources are
available to prevent the child from becoming a burden on the social assistance system of the UK.
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Re: Over payment of child benefit

Post by Maistone252 » Sun Feb 14, 2016 7:25 pm

Yes Casa, you are right in that account and my kids already automatically acquired the PR in 2009 after exercise treaty rights for 5 years. What I can't comprehend is why they ask for repayment now? I am going to fill in the reconsideration form and state why I do not agree with the decision.

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Re: Over payment of child benefit

Post by Casa » Sun Feb 14, 2016 7:33 pm

Please let us know the outcome.
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Maistone252
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Re: Over payment of child benefit

Post by Maistone252 » Sun Feb 14, 2016 7:43 pm

I most certainly will. I have been silent reader for a while and I find this forum very useful and helpful. I hope the outcome will be in my favour.

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Re: Over payment of child benefit

Post by Casa » Sun Feb 14, 2016 7:56 pm

I hope it will.
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Re: Over payment of child benefit

Post by John » Sun Feb 14, 2016 8:08 pm

Maistone252, can you say what is the nationaliy of you and your spouse?

Also, prior to coming to the UK, if either of you worked in another country, not that of your nationality, please give details.
John

Maistone252
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Re: Over payment of child benefit

Post by Maistone252 » Sun Feb 14, 2016 9:09 pm

Hi John, my husband and I are from Malaysia. Prior to coming to UK, we both worked in Singapore. Now, I might be wrong but I think neither Malaysia nor Singapore has an social agreement with UK.

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Re: Over payment of child benefit

Post by John » Mon Feb 15, 2016 8:17 am

Maistone252, you are right, neither Malaysia nor Singapore has a Social Security agreement with the UK.

However I think it was worth checking this aspect.
John

Maistone252
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Re: Over payment of child benefit

Post by Maistone252 » Mon Feb 15, 2016 9:28 am

Thank you. Every help is appreciated. Anyone else has any views or advices?

Maistone252
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Re: Over payment of child benefit

Post by Maistone252 » Sun Apr 24, 2016 4:00 pm

Update-
so we sent our reconsideration form to appeal their decision within the 30 days limit. We did not hear anything from them so we rang them in middle of March to ask for update and to ask why the child benefit is stopped as well. We were told the child benefit will be on hold while they assessing the appeal. Then yesterday we received a letter informing us the child benefits will be credited into our bank account along with the money they owe us since January.
So, what does all this mean? The letter didn't mentioned anything about the appeal at all. I presume they will send us another letter soon?

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