incapacity benefit increase for spouse

[bazz]

My situation is that my wife and step daughter will be joining me in the UK from Thailand on a Settlement Visa. Naturally they will have the notation on the visa that they have no recourse to public funds.I am a british citizen and and settled here in the UK.

1 ) I am in receipt of long term incapacity benefit.This is a National Insurance based benefit so am i correct in thinking that i can claim an increase for a supported spouse with a child who lives with us.Is the claim effected by the fact the child is not my daughter by birth.
Also my wife is pregnant and therefore if the rule did not allow an increase now it would appear to be Okay after my wife gives birth.
The rules as far as i can glean state that to get an increase for a partner living with you she must be either over 60 years old or be caring for your child.
Any confirmation of this would be greatly appeciated.

2 ) Am i able to make a claim in my name for child benefit/child tax credit for my stepdaughter ?

Regards

bazz

[John]

Bazz it needs to be appreciated that the definition of Public Funds does not mean absolutely every type of benefit paid by the UK Government, and the good news for you is that Incapacity Benefit is not within the definition as in para 6 of the Immigration Rules, which you can view by clicking here. accordingly no problem at all claiming Incapacity Benefit.

Child Benefit? Tax Credits? Yes after your step-child is in the UK, you (and certainly not your wife) can submit a claim for Child Benefit. As regards Tax Credits, in respect of a couple living together, such claim needs to be submitted jointly. At fist glance the "No recourse to Public Funds" restrcition on your wife's visa appears to cause a problem. However, some "small print" in the Tax Credits legislation, reg 3(2) Tax Credits (Immigration) Regulations 2003 comes to your rescue. Given that you are British it is totally OK for your and your wife to jointly claim Tax Credits. This is reinforced by para 6B of the Immigration Rules.