Child Benefit return claim from HMRC for staying abroad.

[sshanmug]

Hi,

My son is on ILR since 2014 and claiming child benefit since then.

My wife claims the benefit. Last year she was out of the UK for 8 months as we had our daughter (second one) born in India. So my son was also in India for 8 months.

Now HMRC sent us a letter saying that we have to repay the amount for the period he spent outside UK.

Can someone advice on this regard?

Thanks and Regards,
Senthil

[CR001]

Yes, it needs to be paid back as you had no entitlement to claim if out of the UK. You must inform the benefit agencies if you are going to be away for extended periods. You cannot claim benefits if you are absent for 12 weeks or more. This would have been in the paperwork received once the benefit claim was approved.

Does your wife or you hold ILR??? Children don't claim, parents do.

[sshanmug]

Yes my wife holds ILR.

In this case, can we get some exemption as my wife went for maternity reasons and so my son had to leave with her.

Thanks and Regards,
Senthil

[CR001]

No. Absence is absence and the same rule applies to all. HMCR could easily claim maternity services are freely available in the UK and it was your/her choice to leave for this purpose.

[Wanderer]

You can't use UK taxpayer money to fund trips abroad.