Child benefit

[Sley2001]

hello, my mum is subject to immigration control with no resource to public funds whilst my father is a british citizen alongside me and my 3 other siblings. My mum has been claiming child benefit accidentally, we were under the belief that it was under my dad's name and only going into her account however we recently found out this was not the case when payments got cut. HMRC now want my mum's BRP card, they have requested this from us. I was looking online and found the following text on the gov.uk site. Would this mean that my mum who has no resource to public funds is able to claim child benefit ?. I need urgent advice thank you.

“People who are subject to immigration control are not excluded from entitlement to child benefit if they are a family member (spouse or partner) of a person who is a UK, EEA or Swiss national.

[JB007]

“People who are subject to immigration control are not excluded from entitlement to child benefit if they are a family member (spouse or partner) of a person who is a UK, EEA or Swiss national.

That sounds like EU free movement rules to the UK.

[Sley2001]

They describe someone as being under immigration control as a person who has no resource to public funding in the same document, so I thought it might apply to my mum being legally able to claim.

[Sley2001]

“People who are subject to immigration control are not excluded from entitlement to child benefit if they are a family member (spouse or partner) of a person who is a UK, EEA or Swiss national.

That sounds like EU free movement rules to the UK.

Hi sorry I replied above.

[Amber]

Your Mother is fine claiming child benefit as she has a British family member.

[Sley2001]

Your Mother is fine claiming child benefit as she has a British family member.

Hi would you be able to give a source of information to confirm this or explain the rules on this if you are a professional. Thank you so much.

[Amber]

The Social security (Immigration and Asylum) Consequential Amendments Regulations 2000, regulation 2 (paragraph 1 in Part 2 of the schedule) for Great Britain.

See page 8 of the child benefit guide - https://assets.publishing.service.gov.u ... the_UK.pdf

[JB007]

https://www.gov.uk/child-benefit-move-to-uk

"You’re ‘subject to immigration control’

You cannot claim Child Benefit if you’re subject to immigration control, unless you’re:

• a sponsored immigrant - someone else has agreed to be financially responsible for you
  from Algeria, Morocco, San Marino, Tunisia or Turkey and working in the UK
  from a country that has an agreement with the UK for Child Benefit

Countries that have an agreement with the UK are:

• Barbados
  Bosnia and Herzegovina
  Canada
  the Channel Islands
  Israel
  Kosovo
  Mauritius
  Montenegro
  New Zealand
  North Macedonia
  Serbia"

[JB007]

On the Citizens Advice site


Accessing UK benefits and services if you’re subject to immigration control

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

[Sley2001]

https://www.gov.uk/child-benefit-move-to-uk

"You’re ‘subject to immigration control’

You cannot claim Child Benefit if you’re subject to immigration control, unless you’re:

• a sponsored immigrant - someone else has agreed to be financially responsible for you
  from Algeria, Morocco, San Marino, Tunisia or Turkey and working in the UK
  from a country that has an agreement with the UK for Child Benefit

Countries that have an agreement with the UK are:

• Barbados
  Bosnia and Herzegovina
  Canada
  the Channel Islands
  Israel
  Kosovo
  Mauritius
  Montenegro
  New Zealand
  North Macedonia
  Serbia"

Although that is true, there are several documents on the gov.uk site that claim a person subject to immigration control with no recourse to public funds may claim child benefit if they are the family member of a british citizen. I personally don't think thing the clause i have stated above could be in relation to EU free movement because EU citizens in the UK are not subject to any immigration control.