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EEA - Tax Credits and Child Benefit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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englishman9
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Joined: Fri Jul 30, 2010 5:59 pm

EEA - Tax Credits and Child Benefit

Post by englishman9 » Sun Oct 21, 2012 1:58 pm

I am a UK citizen and my non-EU partner has entered the UK and been granted a 5 year residence card as a family member of an EEA national.
We have been claiming working tax credit and will soon be eligible for child tax credit and child benefit.
Are we entitled to them and will it affect my partner's application for PR?
Also the tax credit we currently receive is only £24 a week which is less than the basic amount for one person. They said that this is because it is my partner who is working and I am not.
I thought that the Non-EU partner has the same rights as the EU national and that an EU national if working would also be entitled to tax credit and child benefit, if this is correct then should we not receive the full working tax credit based on our income of about £80 per week.
Thanks

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sun Oct 21, 2012 7:39 pm

As a migrant worker who is returning home, after exercising treaty rights in another memberstate, you are entitled to claim any UK benefits to which you are entitled. This should not affect your spouse right of residence.
Smooth seas do not make skilful sailors

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