Child Benefit and Tax Credits

[elvis1]

Know this has been discussed many times but here is my question.

I am married to a RW with a 5 year old and we are currently gathering the documentation for them both to come to the UK.

I know that i can claim child benefit and tax credits but at what stage can I?

Some people i know have told me to do it now but I am not sure that I can until they are both granted visas and are actually living here.

Help greatly appreciated

Andrew

[John]

Andrew, no claim for Child Benefit or Child Tax Credits can be made until your family are living in the UK. Accordingly the visas need to be granted first.

"Married to a RW"? RW? Please explain.

[elvis1]

Thank you John it is just as I expected.

My wife is Russian hence the RW BTW.

Andrew

[John]

Andrew, that RW was a bit too esoteric for me. Thanks for the explanation.

When they get their visas and move here, do ensure that you and not your wife is the Child Benefit claimant. Child Benefit is on the Public Funds list and whilst your wife has a visa with a "No recourse to Public Funds" restriction she is not allowed to claim. However absolutely no problem in you being the claimant for Child Benefit, even though the child's visa will also have that "No recourse to Public Funds" restriction. Why? The child will not be the claimant!

Child Tax Credits? These will need to be claimed jointly by you and your wife. However in your circumstances there is no problem in your wife being a joint-claimant for the Tax Credits, because of some "small print" in the Tax Credits legislation. That is because she is married to someone not subject to immigration control ... you ... a British Citizen.

Indeed submitting a claim for Tax Credits will have a beneficial side-effect. That is, because your wife presumably does not yet have a UK NINO one will need to be allocated to her in order for the Tax Credits claim to proceed.

[elvis1]

Thanks for your help John. The reason I asked was cause some of the guys at work and my sister were telling me to claim now and I didnt think it possible until they were here.

Also thanks for the info on th NINO I had never even thought about that.

All the best

Andrew

[John]

Andrew, alas no. For example, as regards Child Benefit :-

no child benefit shall be payable in respect of a child for any week unless—

(a) he is in Great Britain in that week; and

(b) either he or at least one of his parents has been in Great Britain for more than 182 days in the 52 weeks preceding that week.

It goes on to cover temporary absences from the UK .... such as annual holidays ... but that is only after payment of Child Benefit has started. But looking at the wording quoted above, in order to start the payments, the child must be "in Great Britain in that week". That is, until the child starts living in the UK no Child Benefit is payable. Comparable provision in the Child Tax Credits legislation.

Source of legislation : Section 146, Social Security Contributions and Benefits Act 1992.