SET(M)--Child & Working Tax Credit

[dev420]

Hi all,
I am British Citizen. My wife is in FLR(M) visa. She has completed her two yrs visa. Now she is going to apply ILR application. I am receiving child benefit and tax credit. Both benefit are coming into my account not in wife’s account. Yes I know child benefit is only qualify by me. And

I have little bit confusion about benefit section of SET(M) form for my wife. They have updated SET(M) in April so in this version they put Child Tax credit and Working tax credit separately. So, do I have to tick in my wife’s (You) section in child and working tax credit?? Both partner have to fill tax credit form together and our both names and NI numbers are written in tax credit award letter but in same tax credit letter in Summary part this is written which make me very confuse. i.e.

Amount still to be paid to you

Child tax credit to Mr. Dev (only my name) £100.00
Working Tax Credit to Mr. Dev (only my name) £100.00

So, although my wife’s name is not written in this part , Does my wife included as receiving both child & working tax credit??? So, then does she need to tick in her (You) section of Child Tax credit & Working Tax Credit??? I am very confuse whether I have to tick both or…? Previously only tax credit was written in benefit section of set(m) form but now. So, can anyone please clear my confusion whether to tick or…….what to do? I think if one british partner is qualify for child & working tax credit then other subject to immigration partner is also qualify for child & working tax credit, isn’t?? I am only confuse because of this section of tax credit letter
You(My wife) ;; Your Partner(Me)

Child Benefit
You :
Your Partner: Tick

Child Tax Credit
You : ??
Your Partner : Tick

Working Tax Credit
You : ??
Your Partner : Tick

I will be very appriciate your suggestions. Thank you very much. Dev

I searched in Home Office website n found this

"This page tells you about exceptions to claiming public funds that may apply because of the nationality of a person’s family member.
A person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds that they are entitled to.

Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control, then for tax credits purposes, neither are treated as being subject to immigration control.
If a person is subject to immigration control and lives with a family member who is a British citizen or a national of a country in the European Economic Area (EEA) they can claim certain public funds if they have a right to reside in the UK."

Any one plz suggest me im very confuse. Thnx

[friend12345]

Hi all,
I am British Citizen. My wife is in FLR(M) visa. She has completed her two yrs visa. Now she is going to apply ILR application. I am receiving child benefit and tax credit. Both benefit are coming into my account not in wife’s account. Yes I know child benefit is only qualify by me. And

I have little bit confusion about benefit section of SET(M) form for my wife. They have updated SET(M) in April so in this version they put Child Tax credit and Working tax credit separately. So, do I have to tick in my wife’s (You) section in child and working tax credit?? Both partner have to fill tax credit form together and our both names and NI numbers are written in tax credit award letter but in same tax credit letter in Summary part this is written which make me very confuse. i.e.

Amount still to be paid to you

Child tax credit to Mr. Dev (only my name) £100.00
Working Tax Credit to Mr. Dev (only my name) £100.00

So, although my wife’s name is not written in this part , Does my wife included as receiving both child & working tax credit??? So, then does she need to tick in her (You) section of Child Tax credit & Working Tax Credit??? I am very confuse whether I have to tick both or…? Previously only tax credit was written in benefit section of set(m) form but now. So, can anyone please clear my confusion whether to tick or…….what to do? I think if one british partner is qualify for child & working tax credit then other subject to immigration partner is also qualify for child & working tax credit, isn’t?? I am only confuse because of this section of tax credit letter
You(My wife) ;; Your Partner(Me)

Child Benefit
You :
Your Partner: Tick

Child Tax Credit
You : ??
Your Partner : Tick

Working Tax Credit
You : ??
Your Partner : Tick

I will be very appriciate your suggestions. Thank you very much. Dev

I searched in Home Office website n found this

"This page tells you about exceptions to claiming public funds that may apply because of the nationality of a person’s family member.
A person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds that they are entitled to.

Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control, then for tax credits purposes, neither are treated as being subject to immigration control.
If a person is subject to immigration control and lives with a family member who is a British citizen or a national of a country in the European Economic Area (EEA) they can claim certain public funds if they have a right to reside in the UK."

Any one plz suggest me im very confuse. Thnx

Just tick the relevant boxes in partner's boxes as she is not allowed to claim child benefit, but for tax credit it is a mendatory that it should be claimed under both names, you are the main applicant so you tick only your box and leave your wife's empty.
Please follow the link:
http://www.immigrationboards.com/viewto ... highlight=

[dev420]

Thnx for reply. So, my wife (applicant) don't have to tick in both Child & Working tax credit box. Leave it blank, is that right? And my just confusion questions plz dont feel bore about my question thnx.

But my wife's name and Ni number are written in tax credit award letter, n don't tick in SET(M) form later if they check Ni numbers etc thing in HMR then if they find then there will be no problem, isn't? She is qualify for tax credit bcoz im british isn't? SO, why this written

"This page tells you about exceptions to claiming public funds that may apply because of the nationality of a person’s family member.
A person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds that they are entitled to.

Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control, then for tax credits purposes, neither are treated as being subject to immigration control.
If a person is subject to immigration control and lives with a family member who is a British citizen or a national of a country in the European Economic Area (EEA) they can claim certain public funds if they have a right to reside in the UK."


Only for qualifing tax credit and only for to include both partners name? Not for ticking and unticking in benefit section??

Thnx very much.

[John]

I have lost count of the number of times exactly this query has come up on this board!

My comment remains .... answer the Public Funds question "Yes" ..... then tick the relevant benefits in the sponsor's column, and do not tick them in the applicant's column. But already in this topic you have been advised to do exactly that.

The problem remains that the form is badly designed and does not cope with the fact that the definition of Public Funds is effectively flexible, and as regards your wife, Child Benefit and Tax Credits are not within the definition of Public Funds, in view of para 6B of the Immigration Rules.

[dev420]

Thnx for your replies n sorry for asking same question. Now I got my answer, So, finally I will leave my wife (applicant) box blank and I will tick my (Your Partner) tick in child benefit, child tax credit and working tax credit.

i.e.

Child Benefit
You :
Your Partner: Tick

Child Tax Credit
You :
Your Partner : Tick

Working Tax Credit
You :
Your Partner : Tick

Is that right?

Thankyou very much for suggestions

Dev

[John]

Based upon what you have posted about the benefits being claimed, that looks correct.

Others in the same circumstance as you have completed the form in the same way, and not encountered a problem.

[lupol]

Hello, I couldn't see this answered anywhere else so I thought I would ask at the end of this post since my situation is somewhat similar.

I applied for working tax credits for myself (british national) and my wife who I am sponsoring and my claim went through and received several payments. Recently I received a letter saying that my wife wasn't entitled to this as she is subject to immigration control with no recourse and that they were going to only award money to one person in future i.e. me. In the first place I told them of my situation and upon receiving the original estimate I phoned and reiterated my wife's position asking whether the amount they would pay was correct since it seemed a lot. I was told that everything was ok.

I was always of the understanding that this was only for myself but that I had to claim jointly but it seems they got the claim wrong and were paying her an allowance too. I called them immediately but they couldn't tell me the reason for why this happened although I do not need to pay the money back.

The problem I have now is that since she received public funds, when it comes to applying for ILR what is going to happen? Also, to make matters worse when I filled out the form I put my wife's bank details in to receive payments since as a Korean lady, she likes to take care of the finances. I think this makes it all look deliberate on my part. I'm so scared now that she won't be able to live here as life is getting better and to lose it all now over some poor advice from HMRC would be devastating. I hate the thought of moving to Korea to be with my wife because I can't see any future in it. Any help would be greatly appreciated.

Kind regards

[John]

lupol, my reaction is .... what undertrained person in the Tax Credits Office wrote that letter to you? It is clearly very wrong, and that person has written a load of rubbish.

The fact is that in respect of a couple living together the Tax Credits must be claimed in joint names, but as regards Public Funds, you have nothing to worry about. The definition of Public Funds, in para 6 of the Immigration Rules, is effectively flexible, in view of the small paras 6A to 6C that follow. Para 6B is in play here, and thus the Tax Credits are not, for your wife, within the definition of Public Funds.

By the way, are there any children in your household? If not, does the letter merely say that one element of Tax Credits is not payable? That would make sense.

[lupol]

Hi John. Thank you kindly for the reply.

We don't have any children in our household, no. The confusion I have here is with the wording which implies that she has been receiving public funds.

The letter is as follows:

There has been a change to the tax credits entitlement rules that affects some customers who are subject to immigration control. Because of this, there is a change to your entitlement to Working Tax Credit.

As _______ has not yet established their right to stay permanently in the UK they will not have access to public funds in the same way as those who already have.

You are still entitled to claim tax credits and you will still need to claim as a couple. But, you are no longer entitled to the 'second adult' element of Working Tax Credit. This means that we may reduce the amount of your tax credits award from (date)

Now I am wondering whether I was only ever entitled to one adult element of tax credit and because I put her bank details to receive this money, (because she looks after my finances and pays my bills) will this look bad when I apply for ILR and provide bank statements?

Once again John, thank you kindly for your reply. I see you've helped a great deal of people on these issues and I really appreciate you taking the time to read through mine.

[John]

Firstly who in the couple receives the money is irrelevant!

Secondly, as I hinted earlier, with no children in the household, and because of your wife's immigration status, there is no entitlement to the "'second adult' element of Working Tax Credit".

The Tax Credits Office is totally correct in pointing that out.

When she gets her ILR then this disentitlement to claim the "second adult" element will go away, and it will also go away if the household starts to include any children!

It is true to say that your wife has no access to Public Funds, but as I explained earlier, as a joint claimant for Tax Credits with you, she is not in receipt of Public Funds. Never ever think that "Public Funds" is the same thing as "benefits". Public Funds are strictly defined.

[lupol]

Thank you John. That clears things up nicely and has put my mind at rest. My wife will be relieved to hear this tonight.

[Nila 786]

Hi could some one please anwser my question to, will me applying for child tax credit affect my husbands spouse visa application from pakistan? Will it lead to a refusal? I am currently in full time employment, receiving £850 a mnth and i receive £80 child benifit aswell.