Child benefit on BRP

[dreamer2]

Good morning,
I'm a wife of British citizen. I 'm on spouse visa states that I have no recourse to public funds. We have son who is British citizen too and my husband applied for child benefit.
Can we change child benefit from my husband name to mine which will enable me to put towards my state pension ? I'm worried if it can effect to renew my visa.

[CR001]

Can we change child benefit from my husband name to mine which will enable me to put towards my state pension ? I'm worried if it can effect to renew my visa.

No. You are not allowed to claim benefits if you are on a spouse visa. ONLY your British spouse can claim child benefit in his name. If you claim child tax credits, this MUST be claimed in JOINT names, ie. you and spouse.

Child benefit has nothing to do with state pension.

[noajthan]

Good morning,
...
Can we change child benefit from my husband name to mine which will enable me to put towards my state pension ? I'm worried if it can effect to renew my visa.

Child benefit is supposed to be for a child's benefit - not for someone's pension pot.

[Petaltop]

Child benefit has nothing to do with state pension.

It does, as CB is one of the benefits that give the claimant a NICs credit towards a state pension if they are not working/earning enough to pay NICs.
https://www.gov.uk/child-benefit/overview

That's why those that have a spouse who earns too much for CB, still claim CB if they are a stay at home parent. The high earning spouse then has to do a SA and pay the money back, but the stay at home parent keeps the credit towards their state pension.


But as CR001 has said, you must not claim this benefit in your name as it is a public fund. If you are worried about a UK state pension, then perhaps look for a job that pays about £155 (ish) a week as that will mean you pay national insurance contributions towards a state pension for yourself.

[CR001]

Child benefit has nothing to do with state pension.

It does, as CB is one of the benefits that give the claimant a NICs credit towards a state pension if they are not working/earning enough to pay NICs.
https://www.gov.uk/child-benefit/overview

That's why those that have a spouse who earns too much for CB, still claim CB if they are a stay at home parent. The high earning spouse then has to do a SA and pay the money back, but the stay at home parent keeps the credit towards their state pension.


But as CR001 has said, you must not claim this benefit in your name as it is a public fund. If you are worried about a UK state pension, then perhaps look for a job that pays about £155 (ish) a week as that will mean you pay national insurance contributions towards a state pension for yourself.

Thanks Petaltop, I never knew this. But yes, she cannot claim benefit anyway.

[dreamer2]

Thank you for your answers. Yes, I'm looking for the job .
May I ask some more question here .
1. Also we have 17yo son on dependent visa ( no public funds) , he is on full education at college. Can my husband apply for child benefit for him?
2. Can my husband get Child tax credit for 1 or 2 kids? He is not working at the moment and struggling to find new job as was out of the country for 15 years.
3. Is anything else he can get while he is looking for new job which will not effect our visas to renew?

Sorry for so many question but you are very helpful. I have tried to contact to immigration office but there is no email address there only you can phone them which I don't trust anymore as three times we were given wrong information .

[CR001]

Thank you for your answers. Yes, I'm looking for the job .
May I ask some more question here .
1. Also we have 17yo son on dependent visa ( no public funds) , he is on full education at college. Can my husband apply for child benefit for him? Yes

2. Can my husband get Child tax credit for 1 or 2 kids? He is not working at the moment and struggling to find new job as was out of the country for 15 years. Yes, for both children. This MUST be claimed in JOINT names, yours and your husbands.

3. Is anything else he can get while he is looking for new job which will not effect our visas to renew? Housing Benefit, single person with kids rate.

Sorry for so many question but you are very helpful. I have tried to contact to immigration office but there is no email address there only you can phone them which I don't trust anymore as three times we were given wrong information .

You need to be aware that you must meet the financial requirements when you apply for your visa extension, exactly the same as when you applied for your current visa.

[Petaltop]

Thank you for your answers. Yes, I'm looking for the job .
May I ask some more question here .
1. Also we have 17yo son on dependent visa ( no public funds) , he is on full education at college. Can my husband apply for child benefit for him?
2. Can my husband get Child tax credit for 1 or 2 kids? He is not working at the moment and struggling to find new job as was out of the country for 15 years.
3. Is anything else he can get while he is looking for new job which will not effect our visas to renew?

It all depends on if he passes the Habitual Residence Test
https://www.citizensadvice.org.uk/benef ... n-is-made/
If he does then -
1. Yes, in the British citizen parents name only.
2. Both children. In his name and yours for Tax Credits.
3. Again it depends on passing the HRT above and on your joint savings. I assume he showed savings to sponsor you to the UK on a sposue visa? Maybe JSA (he can't take extra for you) and Housing Benefit and Council Tax Allowance - if he qualifies for any of them.

Or you might be in an area where Universal Credit replaces these benefits (Tax Credits, Housing Benefits and JSA) and that has different rules.

It might be best if he visited the CAB to ask for benefits advice because of you being under immigration control, he has been out of the country for years, he would have had to show he can sponsor you for a visa.


CR001 beat me to it. She is fast

[dreamer2]

Yes, you are right. We applied for visas as cash savers and we still have those money in the bank and I wish to keep them just in case we will have to show it again when we will renew our visas.
But I guess it might will not let him to get benefits.
CAB - is it professional advisers?

Thank you very much !

[CR001]

If you got your visas based on substantial cash savings (£62,500 plus), he will not qualify for other benefits. He has to declare ALL savings over £16,000.