CHILD BENEFIT repayment? Was I/am I entitled?

[noneeadory]

Hi everybody, have just received a demand from HMRC for £6,900 for Child Benefit which I have claimed since July 2011 which they now say that I was not entitled to.

Could anybody please help me and let me know their viewpoint as I am definitely appealing but am so confused now because when I spoke to them in July 2011 they said they thought that I was entitled, to apply and then if I was, it would be granted - conversely if I wasn't entitled, my claim would be rejected.

It was approved and since July 2011 I have been receiving Child Benefit for my one daughter who was and still is under 16 and who is living with me and for whom I'm responsible.


MY IMMIGRATION HISTORY is as follows (we are from the Philippines (non EEA):

18 November 2009 – Both myself and my daughter came to the United Kingdom on
C-Visit Visitor Visas.

This visa clearly states NO RECOURSE to public funds and we made no claim for Child Benefit whilst this visa was in effect.


29 September 2010 – Whilst here in the UK we applied for Residence Cards as Family Members of my EEA National (Italian) niece and were granted the right to stay – accordingly we were issued with Residence Cards valid from 29 September 2010 to
29 September 2015.

Only after receiving the above Residence Cards did I submit my claim for Child Benefit.


Prior to the expiry of the above Residence Cards as Family members of an EEA National, we applied for Permanent Residency (rejected & appealed and won) and this was finally granted with effect from 24 November 2017.

If anybody could shed some light on whether they think I'm entitled or not and the reasoning or law that covers it, please let me know.

Would be grateful for any answers please, thank you, Dory.

[Hstepper07]

You should appeal and submit copies of your residence card and evidence that your family member is exercising treaty right.

[noneeadory]

Thank you for your reply.

Have submitted all my paperwork to them now for their reconsideration and am awaiting their decision.

Does anybody know if it makes a difference if you are (for claiming Child Benefit under UK interpretation of EEA law) an Extended Family Member or a Direct Family Member as to the entitlement?

For the first 5 years (whilst holding a Residence Card) I was considered a non EEA Extended Family Member of an EEA National but as I now have Permanent Residency, I am considered a non EEA Direct Family Member of an EEA national (MY NIECE).

Thank you for reading this and anybody's ideas/thoughts/insights would be appreciated.

Best wishes,
Dory