working tax credits, child tax credits.

[shumba]

i am currently applying for IRL i am from zim, i am married to a british wife with two children, my wife is about to return to work full time and is concerned whether she is able to claim WTC and CTC as i dont have a national insurance number, i am currently not able to work or claim any benefits so we rely on my wifes income. if you could please advise that would be great cheers

[Danbrix]

Hi Shumba,

Since your wife is BC you should be able claim both WTC and CTC.

Claimants who are subject to immigration control are not entitled to tax credits unless
...
There are special rules for couples, as follows

* Where one member of a couple is subject to immigration control and the other member is not subject to immigration control, the couple should be treated as if neither of them were subject to immigration control

You said you have two children, so why haven't you already claimed for CTC?

[John]

shumba, if you read the first pinned topic in this Claiming Benefits section, you will see that there is no problem you being a joint claimant for Tax Credits. Also, in respect of a couple living together, the Tax Credits claim must be in joint names.

You said you have two children, so why haven't you already claimed for CTC?

I agree, shumba, why no CTC being claimed?

[shumba]

we do get CTC but in her name as we were not sure were we stand on the tax credits we get and the last time my wife went for the interview to determine if she could get the tax credits, she was told not to claim any until my stay was regularised. It was through looking on here i saw we could be entilled to them and thank you everyone for the clarification

[John]

the last time my wife went for the interview to determine if she could get the tax credits, she was told not to claim any until my stay was regularised.

What interview? Who told you that?

we do get CTC but in her name as we were not sure were we stand on the tax credits

No, that is not right. In respect of a couple living together the Tax Credits claim must be in joint names. To do otherwise might amount to benefit fraud.

[shumba]

when she went to the interviews at the job centre, the the lady there told her because i was under immigration control, it would be beenfit fraud because we are claiming for someone not permitted the benefit, now i know that was wrong.
Is it ok then to get the CTC in her name or it has to be joint like the WTC? I just dont want jeopodise my application at the moment and thanks again

[John]

There is actually just one application form for Tax Credits. So filling that in leads to the possibility of both WTC and CTC being paid. In the background the conditions of claim for both are checked, income taken into account, and quite complicated maths done, because the two calculations interact with one another.

when she went to the interviews at the job centre, the the lady there told her because i was under immigration control, it would be beenfit fraud because we are claiming for someone not permitted the benefit, now i know that was wrong.

That only goes to prove that more staff training is needed, at that Job Centre+.