is tax free childcare public funds?

[tristanintheuk]

Hi all,

The childcare voucher has been closed on Oct 2018. The alternative is tax free childcare.

As a Tier 2 visa holder who have no resource to public funds, can I apply and use tax free childcare? Is tax free childcare public funds?

Thank you in advance for your help.

[sah10406]

See https://www.gov.uk/government/publicati ... blic-funds and related guidance for the list of public funds. It has not been updated since 22 April 2016.

[amit2453]

NO. its not

[tristanintheuk]

Sorry for this late update. I think I have found the answer.

https://www.gov.uk/tax-free-childcare clearly says people from outside the EEA and your UK residence card says you cannot access public funds are not eligible.

This means that there is NO OPTIONS for Tier 2 visa holder to have any kinds of tax efficiencies for their childcare. This is terrible.

[sah10406]

This is terrible.

But that page is not correct. Public Funds are defined in law, specifically in paragraph 6 of the immigration rules:

https://www.gov.uk/guidance/immigration ... troduction

See my previous reply above for a link to the related guidance, which do not mention this as a public fund either.

Until such time as a Statement of Changes adds tax-free childcare to paragraph 6 of the immigration rules, which will probably happen sooner or later, it is not a public fund.

[rsfreitas]

Clearly they need to update some things, but the actual Application page of the Tax-free Childcare is very clearly saying Tier 2 can't access it. Interestingly, they're not saying IT IS public fund, but they're saying that if your visa says that, you can't have this benefit.

You’re not eligible if:

your child does not usually live with you
the child is your foster child
either you or your partner has a taxable income over £100,000
you’re from outside the EEA and your UK residence card says you cannot access public funds

[sah10406]

Interestingly, they're not saying IT IS public fund, but they're saying that if your visa says that, you can't have this benefit.

Is it perhaps that only those who are receiving certain other welfare benefits which are on the public funds list are eligible for the tax-free childcare? Hence while it is not itself a public fund, you cannot claim the other benefit that passports you through to tax-free childcare?

[JB007]

Interestingly, they're not saying IT IS public fund, but they're saying that if your visa says that, you can't have this benefit.

Is it perhaps that only those who are receiving certain other welfare benefits which are on the public funds list are eligible for the tax-free childcare? Hence while it is not itself a public fund, you cannot claim the other benefit that passports you through to tax-free childcare?

It was only for those who had a claim to certain benefits based on their earnings, but now they have brought in a cap of a taxable income of 100,000k so that even some of those not on the Working Tax Credit benefit can have this too.

This 30 hours seems to be more like the NHS, not a Public Fund but only some can use it bill free, while others work and cannot (they pay the IHS).

[JB007]

Do those who are subject to immigration control, get childcare vouchers from work?
https://www.gov.uk/help-with-childcare- ... e-vouchers

[dylanandcaitlyn]

Hi Everyone/Anyone

I am new to this forum after being sent from pillar to post today regarding my question. My husband is British and I'm on a FLR(m)visa for over 4 years. I have a 3 and a 4 year old and have just been offered a great job today to start in 2 weeks. I went for my national insurance appointment application on the 4th February and have still not yet received it. I went online today to research how I apply for the 30 hours of childcare only to discover that people with no recourse to public funds cannot apply. I was shocked so my husband called the childcare services at home office and he was told that we do not qualify (apparently the call operator was very unsure). I then called later on in the day and was first told that we do not qualify and then after being put on hold numerous times to ask his colleagues I was told that as long as my husband does the application then we should have no problems qualifying for the 30 hours. I cannot yet do the application as you need both NI numbers. In the mean time I have committed to starting the job in 2 weeks and am highly concerned that I may be declined (once my NI number arrives) and will then have to let the company down. Does anybody know whether we can apply as the home office was very unsure and told me that he had never been asked this question before.

Thanks very much

[sah10406]

Does anybody know whether we can apply as the home office was very unsure and told me that he had never been asked this question before.

See the previous discussion. It is not listed in the immigration rules as a public fund, but those with a public funds restriction are (for unclear reasons) excluded from applying. It appears that this is a conundrum that probably needs intervention by your local MP.

[JB007]

Does anybody know whether we can apply as the home office was very unsure and told me that he had never been asked this question before.

If you and your husband are claimingTax Credits (legacy benefit), maybe check if you can claim help with childcare via that? I'm not sure how the replacement benefit, Universal Credit, works when one of the parents is subject to immigration control.

Will your wages cover the childcare costs? When Tax Credits claimants move to Universal Credit, both parents have a work requirement.