One Parent on ILR and the other on Tier 2 dependent NRPF - Child benefit & 30 hrs Childcare

[blitzz]

Hi,

I got my ILR in Oct 2020 and my partner and 3 year old are on Tier 2 dependent due for ILR in Mar 2021.

Question is are we eligible for Child Benefit and 30hrs Childcare ? We both meet the salary requirements.

Thanks for your help in advance.

[blitzz]

Please help!
Looking forward for answers from moderators - @CR001, @JB007, @casa, @Amber, @Zimba and others

[JB007]

Hi,

I got my ILR in Oct 2020 and my partner and 3 year old are on Tier 2 dependent due for ILR in Mar 2021.

Question is are we eligible for Child Benefit and 30hrs Childcare ? We both meet the salary requirements.

Thanks for your help in advance.

Child Benefit

Benefits calculators

Use an independent benefits calculator to find out:

what benefits you could get
how to claim
how your benefits will be affected if you start work

These are free to use, anonymous, and have replaced the Benefits Adviser service.
https://www.gov.uk/benefits-calculators


From one of those links-


My child is a person subject to immigration control

If you are not a person subject to immigration control, but your child is, rules differ depending on the benefit you want to claim
...
For Child Benefit, if you are not a person subject to immigration control, you can claim for a child for whom you are responsible for, regardless of the child’s immigration status. However, if the child’s leave is subject to a no recourse to public funds restriction, claiming child benefit for her/him could affect their right to remain in the UK. Get specialist immigration advice if you are in this situation.
https://www.turn2us.org.uk/Benefit-guid ... de-content

30 hours free childcare - I don't think you can when one parent is subject is Immigration control - wait for others to confirm or look on the gov.uk site.

[JB007]

Who can apply for 30 hours free childcare
...
You won't be eligible to apply if:

either parent has an income of more than £100,000
either parent is a non-EEA national and subject to immigration control (and has no recourse to public funds)

Read more detailed information about eligibility on GOV.UK
https://www.barnsley.gov.uk/services/ch ... year-olds/

[blitzz]

Thanks @JB007.

Child Benefit
It says you can claim but will affect your child's right to remain!
FYI - When i used turn2us calculator it came back - you are eleigible for child benefit.

30 Hours Childcare
Its intresting that the Barnsley Council says so..

On the gov.uk website it mentions:

Your immigration status
You will not be eligible if you’re from outside the EEA and your UK residence card says you cannot access public funds.

Your partner can apply instead if they’re from:

the UK or EEA

outside the EEA and their UK residence card says they can access public funds

https://www.gov.uk/30-hours-free-childcare

Any suggestions or expericence here ?

[JB007]

Thanks @JB007.

Child Benefit
It says you can claim but will affect your child's right to remain!
FYI - When i used turn2us calculator it came back - you are eleigible for child benefit.

Welfare benefit calulators don't work for foreign nationals who don't have settlement in the UK. They only works for those who reside in the UK and are British citizens, Irish citizens and those with settled status (ILR) or the UK's new EU Settled Status.

https://benefits-calculator.turn2us.org.uk/AboutYou

Confirmation of Status
Q1 Are all the members of your household British or Irish citizens? *

Once you put "no", it opens up another question
What is the immigration status of the non-British or Irish citizen/s?

From the selction offered, when you put Limited Leave to Remain, this box comes up-


If you have Limited Leave to Remain or Enter you usually have no recourse to public funds. This means that you cannot claim most benefits, or have someone else's benefit claim increased to cover you. If a claim is made it may affect your right to remain in the UK.

You should seek specialist advice before going any further if you, your partner or child have Limited Leave to Enter or Remain. Use our find an adviser tool (opens in a new window).

Our benefits information for Migrants (opens in a new window) may be helpful.

[JB007]

We have seen people on here bring their elderly parents under EU Regs, put them on UK benefits instead of keeping them and the parents got refused the EU's PR because of that. It's up to the foreign national to not take what they are not allowed and run the risk if caught.

https://www.gov.uk/30-hours-free-childcare

Any suggestions or expericence here ?

It's a question often asked here. On another forum, somebody stated they are having to pay this money back as they let another person complete their application and they didn't tick (or did tick?) to say neither parent was subject to immigration control. If that post is correct, then I assume there is an option on the form to say if a parent is subject to immigration control?

According to the guide for Home Office staff, if it is the relevant benefit agencies fault (and the applicant can prove this) that will not affect their status/future status in the UK, but they still have to pay that money back, with any interest/fine.

We pay our own childcare and therefore I don't know anything about this.

[blitzz]

Thanks for the detailed information.

Its taken such a long time to come to a conclusion, I even contacted HMRC regarding this - where they said you are eligible! (Only one parent need to have ILR)

However as mentioned agencies might make faults, hence it’s up to individuals to take decisions to take risk or not in their respective future remain/settlement applications.

[JB007]

Thanks for the detailed information.

Its taken such a long time to come to a conclusion, I even contacted HMRC regarding this - where they said you are eligible! (Only one parent need to have ILR)

However as mentioned agencies might make faults, hence it’s up to individuals to take decisions to take risk or not in their respective future remain/settlement applications.

The responsibily always lies with the claimant to ensure that they do not take what they cannot have.

During this pandemic, I should imagine there are many who managed to get through a claim and receive money, because the various welfare agencies have had a lot of claims and will have been told to get the money out. The problem is going to be when all these claims finally get checked and they discover fraud.

[surfsumi]

I don't think your advice is correct. On this forum , I have raised this question many times. All the senior moderators(@Amber) have advised that single parent with ILR or British PP can claim child benefits regardless of Child's or partners public funds status ( NRPF). They further confirmed that's the parent who is eligible claiming child benefits, but not the child or other partner. I have further checked with the Benefit agency & even wrote them a letter. They have confirmed that we are eligible for the Child Benefits & I'm claiming since March 2020. I have two children , one British & other one on NRPF visa & while my spouse on same category. I would appreciate senior moderator such as @Amber or @CR001 could confirm this.
Thank you

[JB007]

I don't think your advice is correct. On this forum , I have raised this question many times. All the senior moderators(@Amber) have advised that single parent with ILR or British PP can claim child benefits regardless of Child's or partners public funds status ( NRPF). They further confirmed that's the parent who is eligible claiming child benefits, but not the child or other partner. I have further checked with the Benefit agency & even wrote them a letter. They have confirmed that we are eligible for the Child Benefits & I'm claiming since March 2020. I have two children , one British & other one on NRPF visa & while my spouse on same category. I would appreciate senior moderator such as @Amber or @CR001 could confirm this.
Thank you

I have given you the links and quotes in my post. It's up to you what you do.

[JB007]

Immigration staff guidance for how to make 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

The benefit staff are not specialist immigration advisors.
Look at the relevant part on this guidance link.If it is an administrative error (and the HO will need proof of that) then that should not affect an application for leave. Claimants are required to check the information on the relevant benefit letter, to ensure that the benefit agency has the correct information for that claim.

Benefits paid due to any administrative error, are likely required to be paid back.

[surfsumi]

claiming-benefits/claiming-child-benefi ... l#p1889565

Please see my above link. I specified both children's status & Amber confirmed I can claim benefits for both children. Has #Amber made a mistake ?

[ngvihu]

Hi JB007 and Surfsumi,
I am in the situation mentioned here-ILR holder and children with NRPF.
For the sake of discussion, in JB007's link for public fund from HO, it considers to as a person is entitled to CB.
1. Who is the person in question?, is it a child or an adult who is entitled to CB.
Since a child cannot claim him/herself, I incline to the answer that the person is an adult.
2. Moreover, it is mentioned here and there that an ILR holder is eligible to claim CB regardless of the child immigration status. This tends to support that this is an adult who is entitled to CB.
3. As a result, it is always an adult under consideration regarding CB. Accordingly, CB claim by an ILR holder is in line with the HO general rule, where a person not subject to immigration control can access to public funds.

This point is also mentioned repeatedly by CR001 - claimant is you an adult not a child, but without detailed clarification.

What do you think JB007 and CR001?

[vinny]

I think that’s correct.

[vinny]

Benefits paid due to any administrative error, are likely required to be paid back.

Subject to Misrepresentation etc (as amended).
See also MO v HMRC (CHB) (Benefits for children : child benefit) [2014] UKUT 199 (AAC) (01 May 2014) .

[surfsumi]

I'm claiming child benefits for my British & none British ( under immigration control) currently. I have contacted HMRC on chat service ( have a Copy) & they have asked me to forward the application. They also confirmed that they run cross-checks with the home office if required.
I have written a cover letter ( Have a Copy) outlining children's immigration status ( clearly ) & I have asked them to check with HO if necessary before approving the application because the last thing we want is breaching immigration rules . I have also included my passport + BRP ( ILR), none British child's passport + BRP & British child's Birth Certificate ( Born in UK).
They had all the necessary documents & they allowed my application. As mentioned in this forum, it is the ILR holder claiming benefits, not the Child.
I have also research on this forum but could find any refusal related to this.

thanks.
S

[JB007]

From Citizens advice-

If your child is subject to immigration control, but you’re not

You can usually claim benefits included in public funds for your child if they’re subject to immigration control for benefits and services, but you’re not.

This doesn't apply to:

Disability Living Allowance (DLA)
the child and childcare costs elements of Universal Credit
Child Benefit – if ‘no public funds’ is a condition of your child’s stay

Get immigration advice before you try to claim one of these benefits
https://edit.citizensadvice.org.uk/immi ... n-control/




My child is a person subject to immigration control

For Child Benefit, if you are not a person subject to immigration control, you can claim for a child for whom you are responsible for, regardless of the child’s immigration status. However, if the child’s leave is subject to a no recourse to public funds restriction, claiming child benefit for her/him could affect their right to remain in the UK. Get specialist immigration advice if you are in this situation.
https://www.turn2us.org.uk/Benefit-guid ... ion-contro




The most recent, 17 March 2021 Immigration staff guidance for how to make 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

[vinny]

For Child Benefit, if you are not a person subject to immigration control, you can claim for a child for whom you are responsible for, regardless of the child’s immigration status. However, if the child’s leave is subject to a no recourse to public funds restriction, claiming child benefit for her/him could affect their right to remain in the UK. Get specialist immigration advice if you are in this situation.

It's unclear to me how a child's right to remain in the UK may be affected, if an eligible parent is the claimant?

[surfsumi]

Hi All,
I have further searched on web & found this valuable information on https://www.whatdotheyknow.com/ under Freedom of Information requests. One individual had raised a similar question to HO in 2018. YOu can see the full request & HO response to the request under the below link.

https://www.whatdotheyknow.com/request/ ... ng-1217499

It seems parents NOT under immigration control can claim CB for their NRPF child.