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Claiming benefits what rights.

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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CR001
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Re: Confusion on Child Tax Credit joint claimants

Post by CR001 » Fri Jul 31, 2015 8:52 am

CR001 wrote:Child tax credits MUST be claimed in joint names. It will NOT affect her visa or future applications. HO is aware of this as is HMRC.
It is a requirement by HMRC. Given HMRC a call if you need to clarify but if you do not disclose and claim jointly, HMRC could create a problem for you and stop your benefits.

This question has been answered countless times on the forum.
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Re: Confusion on Child Tax Credit joint claimants

Post by zakir1988 » Fri Jul 31, 2015 3:32 pm

Thanks for answering CR001

I wanted to make sure and saw the information on websites that Say Child tax credits need to be in joint names even if my wife is under immigration control I have called Child Tax Credits to make sure with them the advisor put me on hold and then came back he said a form will be sent out to include my wife's name and tick the under immigration control box on the form and then asked if It needs to be joint claimant or I can claim alone and told him Her visa says no public fund he said you can't claim on yourself Because we are living together.

I did then spoke more to the advisor and took some details of me and my wife's to calculate how much we would get as a joint claim he told me there will be no change in your Child Tax Credits since my wife is not working.

If my wife was working I then made a claim under my name only then it would of been illegal since I'm getting more Child Tax Credits and then I would of had to pay back all the Child Tax Credit I got I wasn't entitled to.

I only applied for my wife's NI in February after she got her visa in January.

I know that Only Child Benefit and other benefits expample Housing benefit etc.. need to be only in my name.

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Re: Confusion on Child Tax Credit joint claimants

Post by zakir1988 » Mon Aug 03, 2015 9:40 pm

zakir1988 wrote:Thanks for answering CR001

I wanted to make sure and saw the information on websites that Say Child tax credits need to be in joint names even if my wife is under immigration control I have called Child Tax Credits to make sure with them the advisor put me on hold and then came back he said a form will be sent out to include my wife's name and tick the under immigration control box on the form and then asked if It needs to be joint claimant or I can claim alone and told him Her visa says no public fund he said you can't claim on yourself Because we are living together.

I did then spoke more to the advisor and took some details of me and my wife's to calculate how much we would get as a joint claim he told me there will be no change in your Child Tax Credits since my wife is not working.

If my wife was working I then made a claim under my name only then it would of been illegal since I'm getting more Child Tax Credits and then I would of had to pay back all the Child Tax Credit I got I wasn't entitled to.

I only applied for my wife's NI in February after she got her visa in January.

I know that Only Child Benefit and other benefits expample Housing benefit etc.. need to be only in my name.
Can someone help me again since I will add my wife's name on the Child Tax Credit joint claimant would this jeopardise my wife's Visa when I come to extend her Visa in 2017.

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Re: Confusion on Child Tax Credit joint claimants

Post by CR001 » Mon Aug 03, 2015 9:50 pm

No it will not!!
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Re: Confusion on Child Tax Credit joint claimants

Post by Casa » Mon Aug 03, 2015 9:53 pm

It doesn't matter how many times you ask the question..the answer is still going to be the same!! :?
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Re: Confusion on Child Tax Credit joint claimants

Post by CR001 » Mon Aug 03, 2015 10:32 pm

Casa wrote:It doesn't matter how many times you ask the question..the answer is still going to be the same!! :?
Losing the will Casa :shock:
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Re: Confusion on Child Tax Credit joint claimants

Post by Casa » Mon Aug 03, 2015 10:43 pm

I've already lost it Char...and you will now...!! :roll:
http://www.immigrationboards.com/claimi ... 91818.html
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Re: Confusion on Child Tax Credit joint claimants

Post by zakir1988 » Mon Aug 03, 2015 10:52 pm

I'm saying I did not add her name from beginning after she got her visa but before she didn't have a visa I was claiming all benefits under my name only when I applied under flr fp I sent all my benefits letter I was getting under my name only even child tax credits they didn't seem to bother if it was a joint claim or not they gave her visa.

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Re: Confusion on Child Tax Credit joint claimants

Post by CR001 » Mon Aug 03, 2015 10:55 pm

This will be my last post/advice on this topic.

You need to add your spouse to your child tax credits as soon as possible, it is a requirement of HMRC and if you don't, you risk losing the benefit or possibly facing a fine for withholding information.
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Re: Claiming benefits what rights.

Post by maittm » Mon Sep 07, 2015 12:01 pm

Hi,
hope someone can bring clarity, I asking for a friend. My friend is an over stayer, has an on and off relationship with someone with settlement they have a child together. his partner works so he looks after the child most of the time during the day. the had been leaving separately only till a couple of months back. She is being accomodated by the council while she bids for a house. the council pay some of her rent. the question is he wants to put an FLR FP application and but is scared out the housing benefit that the partner is receiving, 2 the council don't know he is leaving there, should they let the council know?
your help wld be greatly appreciated
many thaks

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Re: Confusion on Child Tax Credit joint claimants

Post by zakir1988 » Sat Sep 19, 2015 12:43 pm

Hi guys

Can you help me please as I have included my wife in Child tax credits we got another letter about NHS tax credit exemption certificate we both now got an NHS TAX CREDIT EXEMPTION CERTIFICATE CARD as I work part time 15 hours a week my wife has got the NHS exemption card is that fine

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Re: Confusion on Child Tax Credit joint claimants

Post by Petaltop » Sat Sep 19, 2015 12:59 pm

zakir1988 wrote:Hi guys

Can you help me please as I have included my wife in Child tax credits we got another letter about NHS tax credit exemption certificate we both now got an NHS TAX CREDIT EXEMPTION CERTIFICATE CARD as I work part time 15 hours a week my wife has got the NHS exemption card is that fine
Have a read through this about public funds and check as it also mentions the NHS.

https://www.gov.uk/government/uploads/s ... 2_0EXT.pdf

Also note that when your area goes onto the new welfare system of Univerersal Credit, you will have strict conditions to follow if you only work 15 hours a week and want benefits. To avoid those condtitions you will need to earn a minimum of 35 hours a week at the nationall minimum wage. The NMW will be £7.20 from April 2016.

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Re: Claiming benefits what rights.

Post by Guildfordman1 » Sat Sep 19, 2015 11:35 pm

Would claiming child benefits for children as a 10 years long residency route settled person effect one's spouse FLR (M) visa application??
Thanks

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Re: Confusion on Child Tax Credit joint claimants

Post by zakir1988 » Sun Sep 20, 2015 10:00 am

I want to know if it's ok for my wife to have the NHS tax exemption certificate is she allowed to have it or not as I said I'm working only 15 hours a week that's why we both got NHS tax exemption certificate, cause I added her to the child tax credit could someone please explain if this is ok.

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Re: Confusion on Child Tax Credit joint claimants

Post by Petaltop » Sun Sep 20, 2015 1:05 pm

zakir1988 wrote:I want to know if it's ok for my wife to have the NHS tax exemption certificate is she allowed to have it or not as I said I'm working only 15 hours a week that's why we both got NHS tax exemption certificate,

Did you read that link I gave and checked if she is allowed is?

zakir1988 wrote:cause I added her to the child tax credit could someone please explain if this is ok.
Your wife should have been on your Tax Credit claim from the start regardless of whether she was subject to immigration control, as it's benefit fraud to claim to be a single when you aren't.

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Re: Claiming benefits what rights.

Post by Petaltop » Sun Sep 20, 2015 1:13 pm

Guildfordman1 wrote:Would claiming child benefits for children as a 10 years long residency route settled person effect one's spouse FLR (M) visa application??
Thanks
Was the persons whose name they were in, allowed to claim public funds? If they were were, then it isn't a problem. It's when people claim public funds when they aren't allowed them, that causes a problem.

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Re: Claiming benefits what rights.

Post by Guildfordman1 » Sun Sep 20, 2015 3:35 pm

I am settled and have recourse to public funds and have children born in the UK and now I need to apply for my wife (their mother) spouse visa on FLR (M) form. Can I claim child benefit for children or claiming their benefit will effect their mom (my wife) visa??

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Re: Claiming benefits what rights.

Post by Casa » Sun Sep 20, 2015 3:55 pm

You can claim child benefit in your name only.
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Re: Claiming benefits what rights.

Post by Guildfordman1 » Sun Sep 20, 2015 3:58 pm

Yes, I will claim only on my name but would claiming child benefit will have bad effect on my spouse visa?

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Re: Claiming benefits what rights.

Post by Casa » Sun Sep 20, 2015 4:29 pm

Guildfordman1 wrote:Yes, I will claim only on my name but would claiming child benefit will have bad effect on my spouse visa?
If you have ILR then claiming in your name won't have 'bad effect' on your wife's spouse visa.
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Re: Claiming benefits what rights.

Post by Guildfordman1 » Sun Sep 20, 2015 4:34 pm

I am free of immigration but my wife is not. she is my dependent and I need to apply for her spouse visa yet but would it effect her application for visa if I apply for child benefits?

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Re: Claiming benefits what rights.

Post by Casa » Sun Sep 20, 2015 4:34 pm

Casa wrote:
Guildfordman1 wrote:Yes, I will claim only on my name but would claiming child benefit will have bad effect on my spouse visa?
If you have ILR then claiming in your name won't have 'bad effect' on your wife's spouse visa.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Claiming benefits what rights.

Post by Guildfordman1 » Sun Sep 20, 2015 4:40 pm

Thanks. Yes, I have ILR

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FLR FP and Claiming Benefit

Post by Younaf » Mon Oct 05, 2015 11:25 am

Casa wrote:
Casa wrote:
Guildfordman1 wrote:Yes, I will claim only on my name but would claiming child benefit will have bad effect on my spouse visa?
If you have ILR then claiming in your name won't have 'bad effect' on your wife's spouse visa.
Hello Gurus

I have pending FLR FP application, application submitted 30th July 2015. HO contacted my employer and stopped me working. I was earning enough to support my family but things are going down down and down.

My unmarried partner has ILR and her two sons are British, we have a daughter together as well. So 3 British Children and her self are entitled to claim Tax Credit and Housing Benefit.

Now question is will this effect my FLR FP app, which is under consideration?

Can I request home office to send back My partner and children's passports to send back, because I council would like to see it in case of claim.

Please let me know

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Re: Claiming benefits what rights.

Post by immee » Wed Oct 14, 2015 9:43 pm

Hi Everyone,

I am on ILR since June 2015, one of my child is a UK born and we have applied for a british citizenship for her, another child and wife has lodged a FLRM application. I had a some confusion regarding claiming child benefits (on my name) for both children. However when i spoke to the Home Office representatives @ 03001232253, 03001232241 they gave me an answer which is completely different to what has been discussed in couple of threads in this forum... they said that i shouldnt claim the CHild benefits for the children who is under immigration control... When i asked that it is my previliage as a parent to claim this, they said that "I wouldnt have this right without a kid (who is under immigration control)...

From what different members have discussed, it seems like it should be ok to claim CB for both kids, but i obviously dont want my child to get in some sort of trouble while extending his visa or while getting an ILR (He will be on a 5 year route)..

Does someone know the link to the immigration rules that support and clarifies these please ?? ALthough i have been told that it should be OK to claim CB for a child born abroad, however what i am interested in is the actual reference to the rules that clarifies this..

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