recourse to public funds

[craig_m67]

I'm a British citizen, my partner (spouse) and infant daughter are Australian Nationals in the UK with me on multi entry, to accompany partner (parents) visas with no recourse to public funds.

We understand that my partner may not apply for certain benefits etc., however I am uncertain if I (as a British Citizen) can claim Disability living allowance and/or Child benefit etc., on behalf of my daughter (... as her visa says no recourse to public funds).

Can I claim these benefits for her?

[John]

As you are British you are allowed to claim DLA and indeed Child Benefit. Your wife must not be the Child Benefit claimant.

Also you and your wife are jointly able to claim Tax Credits. The technical explanation of that is in reg 3(2), Tax Credit (Immigration) Regulations 2003, as reinforced by para 6B of the Immigration Rules.

How old is the child? Do appreciate that Child Benefit and Tax Credits can only be backdated a maximum of three months, so a delay in claiming will cause a real loss of money.

[craig_m67]

Thanks,

Our daughter was born October 2004 in Australia - she is 2 yrs old.
She has a severe disability (Cerebral Palsy)

She meets the criteria for DLA however we are concerned that applying for this may jeopardise her right to remain in the UK after the inital two year visa (as she will have had recourse to funds - DLA appears to be paid to the disabled person). As opposed to child benefit which is paid to the parent.

[JAJ]

Thanks,

Our daughter was born October 2004 in Australia - she is 2 yrs old.
She has a severe disability (Cerebral Palsy)

She meets the criteria for DLA however we are concerned that applying for this may jeopardise her right to remain in the UK after the inital two year visa (as she will have had recourse to funds - DLA appears to be paid to the disabled person). As opposed to child benefit which is paid to the parent.

How and when did you get your British citizenship? Are you sure your daughter is not a British citizen already?

[John]

Craig_m67, sorry I had assumed that it was you that is disabled.

Your child? You are the biological father? If so, as JAJ asks, why is the child not British already?[/quote]

[craig_m67]

I am the biological father of Jemima.

I have both an Australian Passport (by birth) and a British passport by descent (both my parents are British by birth, indeed every member of my family excluding me and my little sister are British by birth - family of bedouins) - this actually leads to another question that i was leaving until later regarding the EU and I - my British passport identifies me as a British citizen, however this passport only has EU written on the cover. I am unsure of my EU status/rights - do I have right of abode (live/work/recourse to public funds) anywhere in the EU

But back to Jemima. Her British visa has 'No recourse to public funds' on it. Will I bugger up her status or eligibility for the 2nd two year visa (ILR?)from now if i claim DLA on her behalf?

[John]

Will I bugger up her status or eligibility for the 2nd two year visa (ILR?)from now if i claim DLA on her behalf?

I do not profess to understand the mechanics of how DLA is claimed. However if you are the claimant then it is totally OK to claim DLA, in the same way as it is OK for you to claim Child Benefit.

Hasn't the child got to be at least 3 years old before DLA can be claimed?

An aside ... you are Australian and British .... and during a Cricket test match? You support?

[Christophe]

...my British passport identifies me as a British citizen, however this passport only has EU written on the cover. I am unsure of my EU status/rights - do I have right of abode (live/work/recourse to public funds) anywhere in the EU?

Your being a British citizen by descent rather than otherwise does not in any way affect your rights in the EU - they are the same as those of any other British citizen. (You don't have the 'right of abode' in other EU countries - this is in any case a British term and it implies an absolute right to enter and live in the country in question, but you do have the right to live in other EU (and EEA) countries as long as you are fulfilling the requirements of the relevant EU treaties, which includes working, studying and retiring there; I imagine that if you were living in another EU country and exercising treaty rights you would be able to claim benefits for your daughter on the same basis as a national of that country - someone else will know if that is wrong.)

[JAJ]

Your being a British citizen by descent rather than otherwise does not in any way affect your rights in the EU - they are the same as those of any other British citizen.

However he should not move elsewhere in the EU until he has obtained British citizenship for his daughter (and wife).

This can be done through registration under section 3(5) of the British Nationality Act 1981 once the family have completed 3 years residence in the United Kingdom.

His wife can also become naturalised British after 3 years in the UK.

Residence in any other EU state won't count, and EU/EEA states have no obligation to offer citizenship to those "exercising Treaty Rights" (some do anyway, some make it very difficult).