Child Benefit for HSMP Holder

muhammadtaj · Post by **muhammadtaj** » Sat May 28, 2005 12:36 pm

Could someone tell me if an HSMP holder can apply for Child Benefit or Child Tax Credit?

Londonite · Post by **Londonite** » Sat May 28, 2005 1:58 pm

Child Tax Credit - Yes

Child Benefit - No

Had the same questions and called the Child Benefit helpline to get these answers. They did say that once we get ILR, we will be eligible to receive Child Benefit payments.

Londonite

Post by **John** » Sat May 28, 2005 3:12 pm

muhammadtaj, it depends. Presumably both you are your wife currently have visas with the "No recourse to Public Funds" restriction.

Accordingly, as far as Child Benefit is concerned, no claim is currently possible.

Tax Credits? Probably the answer is no claim possible, but in order to be certain we need to ascertain if your country has signed a particular sort of agreement with the UK Government. So can I ask, which country are you from? And also your wife's country, if different.

As already said, once either or both of you or your wife have ILR then indeed both Child Benefit and Tax Credits claims will be possible.

Londonite, whether or not Tax Credits can be claimed vis-a-vis immigration issues is highly complex. The helpline do not have a good record of asking the right questions, and therefore their answers have been known to be wrong. Or it could be, on your facts, you are allowed to claim, but that certainly will not apply to all HSMP holders.

Can can I ask, when did you ask that helpline? How long ago? It might be the case that the legislation has changed in the meantime.

dhana · Post by **dhana** » Sat May 28, 2005 3:24 pm

What is a child tax credit ?

Post by **John** » Sat May 28, 2005 4:12 pm

It is effectively a benefit paid by the UK government to those that have children living in the UK. However, as regards those with restricted visas, that is with a "No recourse to Public Funds" restriction, is is often not claimable.

Child Tax Credit and Working Tax Credit are now within the definition of Public Funds.

Londonite · Post by **Londonite** » Sat May 28, 2005 4:37 pm

Londonite, whether or not Tax Credits can be claimed vis-a-vis immigration issues is highly complex. The helpline do not have a good record of asking the right questions, and therefore their answers have been known to be wrong. Or it could be, on your facts, you are allowed to claim, but that certainly will not apply to all HSMP holders.

Hello John - made the call about two months ago. I have no other info about the tax credit other than what the helpline told me. Does sound like you know more about this.

Londonite

shahidsuri · Post by **shahidsuri** » Thu Jun 02, 2005 11:33 am

I have read somewhere that Child Tax credit also comes under Public Funds.

I don't think there is anything available to HSMP holders (non ILR) except NHS.

Post by **John** » Thu Jun 02, 2005 12:06 pm

Tax Credits are now indeed within the definition of Public Funds. However that is not the end of the matter because the truth is that some people ... but not all people ... will still be able to claim Tax Credits even if they currently have a visa with a "No recourse to Public Funds" restriction.

As I have already said in this thread, the matter is highly complex. Lots of detail can be seen in the "small print", namely :-

Statutory Instrument 2003 No. 653 - The Tax Credits (Immigration) Regulations 2003

makon · Post by **makon** » Fri Jun 03, 2005 9:07 am

If you are on HSMP and wish to apply for indefinite stay applying for Tax credit, Child benefit, or whatsoever it is called will not benefit you in the long run as all those benefits are classified as public funds! And if you receive any assistance in the public funds category you will have your application for Indefinite Stay after the 4 years qualifying period rejected. So forget about benefits for the 1st for years!!!!!!!

Post by **John** » Fri Jun 03, 2005 9:44 am

Makon, that is right ... but only if the person is not within one of the situations listed in The Tax Credits (Immigration) Regulations 2003.

However some people may well be within one of the situations listed in those regulations, and therefore such people can claim Tax Credits even though they have a visa with a "No recourse to Public Funds" restriction.

If in doubt, read those regulations before submitting a Tax Credits claim.

wagodstus · Post by **wagodstus** » Tue Feb 25, 2014 7:03 pm

Personally i don't believe the HO always check with the HMRC unless they have evidence to suggest you are claiming benefit.

Wanderer · Post by **Wanderer** » Tue Feb 25, 2014 7:30 pm

wagodstus wrote:Personally i don't believe the HO always check with the HMRC unless they have evidence to suggest you are claiming benefit.

That post was nine years old!!

Immigrationboards.com: Immigration, work visa and work permit discussion board

Child Benefit for HSMP Holder

Child Benefit for HSMP Holder

Child Tax Credit

Re: Child Benefit for HSMP Holder

Re: Child Benefit for HSMP Holder