child tax credit and child benefit

[MYA]

Hi CR001

I have following situation

I have got ILR and my wife still on T1 entrepreneur dependant visa as I got ILR on 10 year basis.

I have 2 children’s under 16 for which I have applied British citizenship since September 2017 and applications are under consideration yet.

After getting my ILR I have applied for child Benifit which is on my name and there is no problem for my wife’s extension application.

Issue is that I have applied for child tax credit and working tax credit togather on application form in September 2007. And in application form I clearly mentioned and also sent the copies of her visa and my ILR that she is not allowed to any public funds and she is under immigration control, but when HMRC approve the application they started giving my wife working tax credit as well,

Please clarify me in this situation is she allowed to take working tax credit if yes then why?

If not then is that right for me to phone Hmrc tomorrow that my wife is not allowed to take working tax credit and please remove her name for working tax credit purposes and take the amount back which they already paid her in last 2 months as I don’t want her application to be refused in six months time for few pounds.

Could you please shed detailed light seperate lay on working tax credit and child tax credit eligibility of her and what shall I do now to make it right if I need to

Regards
MYA

[CR001]

Tax credits MUST be claimed in JOINT names with your spouse. No effect on her current visa or her FLR(M) spouse visa extension.

[MYA]

Thank you very much CR001 for reply, I got your point that my wife is covered by the exception criteria of immigration regulations 2003, and she will also covered by the exception of “ Mother of British children’s hopefully”

Could you please finally tell me that when I will fill my wife’s FLR (M) form, in benifits section what I will tick from the following;

She is not taking any Benifit

OR

She is taking CTC and WTC

And as a not shall I have to write that “because the claim is on joint name and she is not considered under immigration control “

[CR001]

You simply tick what is relevant to you/wife claiming. HO know the rules.