Disability Living Allowance rejection

[jensen59]

I am British citizen but my wife is African and my daughter was born in Zambia and does not yet have ILR. We receive child benefit and tax credits but the DLA people say she is not entitled to support because of her status. Is this right?
Their own website says immigration status does not prevent payments if the individual is maintained and accommodated by a British national. So what's going on?

[jammybunn]

This is correct to a degree. If your wife and daughter both have limited leave to remain in the UK then you are not entitled to claim benefits for either. However, if you are a BC either by birth or naturalisation, and you have a daughter born in Zambia then she could already be entitled to BC status herself. If you were British at the time of her birth and (married to the mother) then she MAY have a claim to citizenship by descent. Otherwise you will not be entitled until she has ILR>