Made the big mistake claimg child benefit . How could I fix?

mackymicky · Post by **mackymicky** » Sat Aug 14, 2010 8:16 pm

i claimed Health in Pregnancy Grant and child benefit ( only get paid 1 payment 101.4 ) but just realize i cant claim it because my visa have NO RECOURSE TO PUBLIC FUND . the problem is i'm about to apply dependant for my husband. anyone know what should i do ??? my status is
1. i'm hold working permit
2. my husband hold student visa
3. we both r thai national
4. my visa will expire on 2012
5. My baby only 2 month old
if i returned the money back to hmrv my condition will b safe?
i just dont have any idea . I knew I made a mistake but how could I fix it?

alikhan28 · Post by **alikhan28** » Sat Aug 14, 2010 10:24 pm

if i returned the money back to hmrv my condition will b safe?
i just dont have any idea if anyone could help will b very kind

You have clearly breached yours immigration condition(by knowing or not is a separate issue) and if home office come to know this you have no chance in my books.

So first things is write a letter to benefits department that you dont know you can claim this benefit and you have claimed wrongly and return yours payment visa postal order or a checque.Keep a copy for yours record.

Now you have two options.

1.Write a details letter with returned payment proofs and explain everything.Then ball would be in home office court,they can refuse you(looks they would) and then you have chance in appeal.At least you can prove that this was a mistake and you have returned payment.You have good chance in appeal.

2.Forget about this after returning payment and hide in yours application form.If you are lucky and home office dont check you would be fine.If they checked and refused with claim of deception then you can go for appeal and try yours luck.

Now it is yours selection what direction you take but must returned payment with a good cover letter.

Ali

Post by **John** » Sun Aug 15, 2010 2:13 pm

mackymicky, this is actually more complicated than you might suspect, at least as regards HiPG. The fact is that whilst the UKBA indicates that HiPG is within the definition of Public Funds, someone neglected to take the obvious action, to actually add that benefit to the Public Funds definition as in para 6 of the Immigration Rules.

But from the legislative point of view it is more complicated than that and because of other legislation, because you are "subject to immigration control" you should not have been paid that benefit. Do you recollect when you applied for the HiPG, was there a question such as "Are you subject to immigration control?" If there was such a question, how did you answer it?

As regards Child Benefit that is clearly in breach of the No Recourse to Public Funds restriction, and you need to take action withdraw your claim as soon as possible.

Assuming you do withdraw the Child Benefit claim promptly, do you have a problem? Do you actually need to paid back the HiPG? Well consider this. On the ILR application form the Public Funds question is worded in the present tense .... "Are you claiming .... ". And if you are claiming no Public Funds when you apply for ILR, the honest and truthful answer to that question is of course "No"! So the list of benefits, all those tick boxes, can be ignored.

mackymicky · Post by **mackymicky** » Sun Aug 15, 2010 2:48 pm

thank you john for your reply. i did call HiPG in the morning and did told them about claimng by mistake also ask them about returning the money . the operator said she will report the head office and they will send me the paying booklet. and did call child benefit department they did stop to put the money in to my accont and also will report the head office about it . so to be honest i dont know that both of that is public fund cause i thought it's welfare for all women who having a baby in the u.k. ( did talked to a lot of Thai people and been told that i can claim it ) ALSO i mad myself because when i fill in the form i alway thought that word UNDER IMMIGRATION CONTROL mean people who apply for assylum or who have to go to report themself to H.O. I knew that i'm stupid but i did not mean to claim the public fund. i cant go back to chang what i have done . The only way for me is try to fix what i have done. if you have any advise please do advise me
micky

mikeyfafa · Post by **mikeyfafa** » Mon Nov 29, 2010 8:10 pm

I'm interested to know what happened in this case. Was your application successful?

folafemi · Post by **folafemi** » Sun Jan 09, 2011 8:08 pm

John et al,

Unfortunately, I have found myself in the same predicament!!! I obtained the HSMP (then 1st two years) in 2007. My wife had a set of twins in March 2008 and we were told at the register of birth that we could apply for child benefit. the next thing was to ask people who were on the HSMP and they ALL agreed that I could claim the child benefit. I applied for extension in Jan 10 and now on the Tier 1 (to apply for ILR in Jan 2013). I have just been introduced to this forum and have just stummbled on this issue.

Do I also call HMRC and report myself before I get found out inevitably:-( The big question is that: evn if i struggle tp pay back , I doubt I can pay in a single payment, do you think I can be given options of payment.

How do you think (probably from experience) UKBa/HO will treat this circumstance. SHouldn't they have spotted this when I was applying for extension?

Aside my misery, thanks for the moderators and all those that have put this forum together, I have obtained loads of informationin recent weeks.

Regards,

Post by **John** » Sun Jan 09, 2011 8:16 pm

folafemi, before considering any other issue, can you please post details of the nationality of you and your wife? Also, if either of you worked in another country, apart from that of your nationality, before coming to the UK, please give details.

folafemi · Post by **folafemi** » Sun Jan 09, 2011 8:28 pm

John,

My answers below:

Q - Post details of the nationality of you and your wife?
A - We are Nigerians

Q - Did you ever work in another country?
A - We have never worked in any other country except from Nigeria.

My wife does not work at all as her hands are Full!

Thanks.

I await your response.

Post by **John** » Sun Jan 09, 2011 8:36 pm

I confirm that you have no entitlement to claim, and therefore should contact the Child Benefits office to withdraw your claim.

Can I also ask this, given this matter keeps being reported on this board, there is a question on the Child Benefit claim form, and I just wonder whether it causes confusion. The question is "Are you subject to immigration control"? I wonder if you can recollect how that question was answered?

folafemi · Post by **folafemi** » Sun Jan 09, 2011 8:41 pm

John

This I remember very well, I did say Yes, ie subeject to immigration control.

purplepple · Post by **purplepple** » Sat Jan 15, 2011 10:53 pm

I think they only start checking if you claimed for public funds when you're applying for ILR/British citizenship.

I remember seeing a post here somewhere that her ILR application was still approved when she provided proof that she paid back public funds she incorrectly claimed.

folafemi · Post by **folafemi** » Sun Jan 16, 2011 8:09 pm

HI,

Well, just to bring an update, I contacted the DWP and stated (explained) the whole scenario but was toold I will be contacted shortly. I was expecing a direct step by step guidiance on how to remedy the sitaution.

I will keep you all informed.

Post by **John** » Sun Jan 16, 2011 9:43 pm

You contacted DWP? Why? Child Benefit is administered by HMRC.

folafemi · Post by **folafemi** » Mon Jan 17, 2011 9:11 am

John,

Thanks for the education and information.

No wonder the lady did not know how to manage my issue. Would call HMRC this morning.

Cheers

saleemiqbal67 · Post by **saleemiqbal67** » Thu Jan 20, 2011 11:31 pm

Hello

My wife is on a 2 year visa subject to UK immigration control meaning â€˜No recourse to public funds'. For the past 11 months she has been claiming Child Benefit for our son. When she made the claim we did advise the HMRC of the following
1} She is subject to immigration control.
2) Provided date visa was received.
3) Provided copy of passport

We provided all the information required by the HMRC. HMRC put the claim through and have been making payment into our joint account.

Can you please advise if my wife is in breach of her visa conditions? If so what can we do to help ILR

Post by **John** » Fri Jan 21, 2011 7:32 am

Can you please advise if my wife is in breach of her visa conditions?

No, can't tell you, not without knowing about you. Your nationality? British? EEA? If not, your UK-immigration status?

folafemi · Post by **folafemi** » Fri Jan 21, 2011 12:12 pm

Update:

Hmmmm... where do I start? Well, finally got in touch with HMRC and I was told by the Support person (i.e. person who took my call, name with held) after she went away to make some investigation that I should be fine. But I reiterated the circumstance and I would want this peoperly reviewed and preferrably written to advise me.

I was then passed unto soemone else who spoke and said they will have to review the whole application and I should give them sometime and they would call me shortly. Well, I told them that I will just want to do the right thing and if they could revert soonest that would be helpful.

Some they were trying to suggest circumstances where claiming could be acceptable.

I await their response but would not want to circumvent the system in anyway.

regards,

saleemiqbal67 · Post by **saleemiqbal67** » Fri Jan 21, 2011 1:41 pm

John wrote:
Can you please advise if my wife is in breach of her visa conditions?
No, can't tell you, not without knowing about you. Your nationality? British? EEA? If not, your UK-immigration status?

John,

I am a British Citizen, my son was born in the UK and my wife is on a 2 year settlement visa. I know i could have claimed for the Child Benefit in my name but at the time of claiming i though only the mother of the child can claim. A big mistake on my behalf, which could mean my wife may not get ILR. Do you think she is in breach? and what do you think i should do?

Post by **John** » Fri Jan 21, 2011 2:19 pm

Do you think she is in breach?

No, she is not in breach. She is fully covered by para 6B of the Immigration Rules, which means that for her Child Benefit is not within the definition of Public Funds.

saleemiqbal67 · Post by **saleemiqbal67** » Fri Jan 21, 2011 4:37 pm

John wrote:
Do you think she is in breach?
No, she is not in breach. She is fully covered by para 6B of the Immigration Rules, which means that for her Child Benefit is not within the definition of Public Funds.

John,

This is good news as i was having sleepless nights about this. I was actually going to ring the HMRC to stop the claim in my wife's name and re-apply in my name. So i don't have to do this, is that correct.

Post by **John** » Fri Jan 21, 2011 6:32 pm

Yes, correct.

saleemiqbal67 · Post by **saleemiqbal67** » Fri Jan 21, 2011 7:30 pm

John wrote:Yes, correct.

John,

I have tried to understand 6B of the Immigration Rules but it went straight over my head. Didn't understand a word.

I need to apply for my wife's ILR this week, can you please clarify a few things for me.

1) The working and child tax that we are claiming. Are we fully covered by 6B?

2) Wife who is on a 2 year visa (not from EEA) is claiming Child Benefit for our son. Are we fully covered by 6B? (Note i am a British Citizen so i could have applied for this)

3) On the application form, the question about public funds does i tick
Working Tax Credit - (Tick Partner Only or Both)
Child Tax Credit - (Tick Partner Only or Both
Child Benefit - (Tick Applicant)

John your advise has been very very help and i much appricate it.
Thank you ever so much.

Post by **John** » Fri Jan 21, 2011 9:27 pm

Para 6B will make little sense, unless you dig down into the legislation that is mentioned, or rather track down the detailed regulations laid in accordance with that legislation. The important part to appreciate about para 6B is "a person (P) shall not be regarded as having recourse to public funds if .....".

The problem is that form SET(M) is badly designed, as regards the Public Funds question. It really does not cope well with the conditional nature of paras 6A and 6B.

As regards your questions, and using your numbering :-

Yes, covered by para 6B.
Yes, covered by para 6B.
Given the bad design of the form SET(M), it is difficult to know how to complete the Public Funds section. On balance, answer the question "Yes", then tick the relevant benefits, in your column, but not in your wife's column.

saleemiqbal67 · Post by **saleemiqbal67** » Fri Jan 21, 2011 9:42 pm

Thanks John

saleemiqbal67 · Post by **saleemiqbal67** » Fri Jan 21, 2011 9:51 pm

John wrote:Para 6B will make little sense, unless you dig down into the legislation that is mentioned, or rather track down the detailed regulations laid in accordance with that legislation. The important part to appreciate about para 6B is "a person (P) shall not be regarded as having recourse to public funds if .....".

The problem is that form SET(M) is badly designed, as regards the Public Funds question. It really does not cope well with the conditional nature of paras 6A and 6B.

As regards your questions, and using your numbering :-

Yes, covered by para 6B.
Yes, covered by para 6B.
Given the bad design of the form SET(M), it is difficult to know how to complete the Public Funds section. On balance, answer the question "Yes", then tick the relevant benefits, in your column, but not in your wife's column.

Re my numbering
3) I can understand why for Working & Child Tax credit i would tick in my box, but for Child Benefit the claimant is my wife so wouldn't i need to tick my wife column for that.

I am really confused becuase on my wife passport it say 'no recource to public funds'. But my wife is claiming Child Benefit which at first instance is a public fund. But due to para 6B, she is fine to claim. But when i complete the ILR i need to tick Child Benefit box as if i am getting the funds, whereas the actual claimant is my wife. I just can't get my head around that. Sorry John

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Made the big mistake claimg child benefit . How could I fix?

Made the big mistake claimg child benefit . How could I fix?

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