Hi there,
FROM INLAND REVENUE WE FIND:
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From April 2003, Child Tax Credit is the main way that families will get money for their children, and for 16-18 year olds in education. The amount you get is based on your income. You can claim whether or not you are in work. It replaces the old tax credits and benefits with a single system - so all families with children, with an income up to £58,000 a year (or up to £66,000 a year if there is a child under one year old), will be able to claim in the same way.
Working Tax Credit supports working people, helping to top up earnings.
How much can I get?
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Child Tax Credit will be paid in addition to Child Benefit.
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The table below provides a guide to how much you could receive for the tax year 2003-04 (that is, 6 April 2003 to 5 April 2004) if you do not qualify for Working Tax Credit. (The weekly figures are for illustration only.)
If your child is under one year old or has a disability, then the amount you can receive will be higher.
http://www.inlandrevenue.gov.uk/pdfs/wtc2.htm#b
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FROM IMMIGRATION LAW WE FIND
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2.3. Working Families' Tax Credit
Working Families' Tax Credit is a non-contributory benefit which is payable to working families on low or middle incomes who are employed for at least 16 hours a week and who have at least one child to support. Although persons subject to the condition prohibiting recourse to public funds are not eligible to claim this tax credit, there is one exception; the foreign spouse or unmarried partner of a person present and settled in the United Kingdom.
Under Inland Revenue regulations a person is considered to be resident in Great Britain if his or her spouse or unmarried partner is settled here. Where a family includes a foreign spouse or unmarried partner and the family is in receipt of working families' tax credit this should not be considered as recourse to public funds.
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Obviously the candidate here is working, paying tax and has got just a little relief under the name of child tax credit. She does not take any money from the other tax payers.
If HO classified her (by mistake) as having a child benefit, I would argue that she has been discriminated as why a working British citizen would have such a tax relief whilst the candidate here is not entitled to it, especially if salaries are the same and tax is the same.
I think the confusion here by the IMHO about the issue came from the fact that IR would also give child tax credit to those who do not work but through the department of work. Where does IR get the money from?
I WOULD NOT EVEN MENTION IT IN APPLICATION OF ILR.
