Spouse Visa Child Benefit for NI credits only??

[Joo3456]

Hi, looking for some advice as I've tried searching but couldn't find a similar question.

I'm in the UK on a spouse visa (FLRM), my husband is a British citizen. I recently gave birth in Dec-18 and in the pack of information from the hospital was the form for claiming child benefit.

We don't need child benefit as my husband's salary exceeds £60k anyway, but as I have a NI number as I was previously working before going on maternity leave, we filled in the child benefit form anyway in MY name. We just chose the option to claim but NOT be paid as it says even if we don't receive any money, it is good to claim as our child would get their NI number when they turn 16 and I would continue to receive NI credits towards my state pension.

So my question is, although I am aware my visa is no public funds, does claiming for child benefit but NOT actually receiving any money from the government put me in breach of my visa??? As above, the only reason I claimed was to get my child's NI number in future, and claimed in MY name to get the NI credits for the pension (no point my husband claiming as he is working so doesn't need the NI credits).

I'm very worried and not sure if I should contact HMRC to cancel the child benefit in my name even though I'm not getting any money from them...just don't want it to affect my future visa application for the 2nd FLRM.

[Joo3456]

Anybody? Any advice / opinions would be much appreciated.

And even if it turns out that it is considered public funds, if we cancel the child benefit now, that should be ok and not affect my future application?

[JB007]

So my question is, although I am aware my visa is no public funds, does claiming for child benefit

You have a visa that says you cannot have public funds, but you want to claim a Public Fund called Child Benefit?

but NOT actually receiving any money from the government put me in breach of my visa??? As above, the only reason I claimed was to get my child's NI number in future, and claimed in MY name to get the NI credits for the pension

But you would be getting money from claiming Child Benefit as you want a credit for free every year for a UK state pension. To buy back these missed years of NI contributions from HMRC for a UK state pension, would cost you hundreds per year.

[jwillaims83]

read https://www.whatdotheyknow.com/request/ ... care_benef

It might be helpful.

[JB007]

read https://www.whatdotheyknow.com/request/ ... care_benef

It might be helpful.

That letter confirms what the OP already knew, because they have no recourse to public funds-

"child benefit cannot be claimed by persons who are subject to immigration control."

[Joo3456]

Thanks for your replies though I'm even more confused now because everybody and everywhere I've read is basically saying you cannot claim Child Benefit on a Spouse Visa with no public funds, but according to this:

https://www.gov.uk/hmrc-internal-manual ... /cbtm10140

It clearly states I can claim Child Benefit because I am the spouse of a UK citizen and this is information coming from HMRC! So what is the correct answer??

Cbtm10140 says:

A family member of a EEA or Swiss national

The Social security (Immigration and Asylum) Consequential Amendments Regulations 2000, regulation 2 (paragraph 1 in Part 2 of the schedule) for Great BritainThe Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000, regulation 2 (paragraph 1 in Part 2 of the schedule) for Northern Ireland

People who are subject to immigration control are not excluded from entitlement to child benefit if they are a family member (spouse or partner) of a person who is a UK, EEA or Swiss national.

If the child being claimed for is an EEA national, this would also allow for this exception to apply.

[JB007]

So what is the correct answer??

As you are the one whose visa is at stake, why don't you decide.


UK Visas and Immigration guidance for how it makes decisions about what UK public funds foreign nationals can claim and what action it must take if they claim funds they are not entitled to.
https://www.gov.uk/government/publications/public-funds

[bruteforce]

Child benefit can only be claimed by the settled spouse. If your leave condition states no recourse to public finds then you must not. Also, claiming CB in your name will not be approved anyway because of your leave condition. Forget about the NI credits for time being & also, your child will get NI whether you claim CB or not.