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

[John]

Oh you have been digging! Yes that was me, back in 2006, and later on in that same topic you should see a correction. It took me ages to appreciate that as the UK is part of the EEA, and thus your spouse is married to an EEA Citizen ... you ... and therefore covered by the exemption.

Have a look at this UKBA detailed guidance, and turn to page 14 of 49. There you will see a paragraph that starts "If a person is subject to immigration control and .... ", and your wife's Child Benefit claim is covered by that.

[saleemiqbal67]

Oh you have been digging! Yes that was me, back in 2006, and later on in that same topic you should see a correction. It took me ages to appreciate that as the UK is part of the EEA, and thus your spouse is married to an EEA Citizen ... you ... and therefore covered by the exemption.

Have a look at this UKBA detailed guidance, and turn to page 14 of 49. There you will see a paragraph that starts "If a person is subject to immigration control and .... ", and your wife's Child Benefit claim is covered by that.

I though you was the same John from UKresident. I will have a look at the link now. Thank you ever so much.

[saleemiqbal67]

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 :-

1. Yes, covered by para 6B.
2. Yes, covered by para 6B.
3. 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

[saleemiqbal67]

Oh you have been digging! Yes that was me, back in 2006, and later on in that same topic you should see a correction. It took me ages to appreciate that as the UK is part of the EEA, and thus your spouse is married to an EEA Citizen ... you ... and therefore covered by the exemption.

Have a look at this UKBA detailed guidance, and turn to page 14 of 49. There you will see a paragraph that starts "If a person is subject to immigration control and .... ", and your wife's Child Benefit claim is covered by that.

John

Am i right in thinking becuase my son is a British Citizen and Child Benefit is for his maintenance it is ok for my wife to claim CB or am i completely on the wrong lines.

[John]

Am i right in thinking becuase my son is a British Citizen and Child Benefit is for his maintenance it is ok for my wife to claim CB or am i completely on the wrong lines.

Actually your child's nationality is irrelevant, as regards what we are discussing. Look at it this way .... you are British, and therefore able to claim, and because your wife is married to a British Citizen then she is also entitled to be the claimant.

So her right to claim stems from her marriage to you, not the nationality of her son.

[saleemiqbal67]

Am i right in thinking becuase my son is a British Citizen and Child Benefit is for his maintenance it is ok for my wife to claim CB or am i completely on the wrong lines.

Actually your child's nationality is irrelevant, as regards what we are discussing. Look at it this way .... you are British, and therefore able to claim, and because your wife is married to a British Citizen then she is also entitled to be the claimant.

So her right to claim stems from her marriage to you, not the nationality of her son.

Alright i get it.
I was thinking HMRC had made a mistake and put the claim through in error, even though we provided all info i.e wife passport.
John i am applying for my wife ILR in a few days, back to the dreaded question about public funds on the application form, i am going to answer in the following way -
Child Tax Credit - Tick Me
Working Tax Credit - Tick Me
Child Benefit - Tick Wife (Applicant)

Before you suggested for all 3 benefits i should tick in my column, but i'm worried UK Borders may pick up on that fact that CB is claimed by my wife.

If i answer it as above then i am being honest. what do you think

[John]

As said before the form is badly designed, as regards the Public Funds section, and it really does not cope with the actual legislation. I can't argue with what you propose to do, but suggest that a covering letter, pointing out that the claims by your wife are covered by para 6B, and thus she "shall not be regarded as having recourse to public funds", cannot do any harm.

As you will be ticking Child Benefit in your wife's column, you might as well tick Tax Credits in both columns, given of course the Tax Credits claim is in joint names.

[saleemiqbal67]

As said before the form is badly designed, as regards the Public Funds section, and it really does not cope with the actual legislation. I can't argue with what you propose to do, but suggest that a covering letter, pointing out that the claims by your wife are covered by para 6B, and thus she "shall not be regarded as having recourse to public funds", cannot do any harm.

As you will be ticking Child Benefit in your wife's column, you might as well tick Tax Credits in both columns, given of course the Tax Credits claim is in joint names.

John i was actually thinking of doing that, ticking both columns for the Tax Credits and applicant's column for the Child Benefit and then do a cover letter explaining Tax Credits have been claimed in joint names and Child Benefit in my wife's name which is covered by para 6B of immigration rules.

They really need to design a new form to better cope with the legislation.

[saleemiqbal67]

John i was actually thinking of doing that, ticking both columns for the Tax Credits and applicant's column for the Child Benefit and then do a cover letter explaining Tax Credits have been claimed in joint names and Child Benefit in my wife's name which is covered by para 6B of immigration rules.

John i have been trying to research the immigration rules and have found the following

http://www.hmrc.gov.uk/manuals/cbtmanua ... m#IDASCZEH

A family member of a EEA or Swiss national
The Social security (Immigration and Asylum) Consequential Amendments Regulations 2000, regulation 2 (paragraph 1 in Part 2 of the schedule) for Great Britain

The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000, regulation 2 (paragraph 1 in Part 2 of the schedule) for Northern Ireland

People who are subject to immigration control are not excluded from entitlement to child benefit if they are a family member (spouse or partner) of a person who is a UK, EEA or Swiss national.

If the child being claimed for is an EEA national, this would also allow for this exception to apply.

: - John in one of your posting you say the child nationality is irrelevant (please see above)

[John]

John in one of your posting you say the child nationality is irrelevant (please see above)

What I meant was .... irrelevant in the circumstances in play .... the father being British.

[saleemiqbal67]

John in one of your posting you say the child nationality is irrelevant (please see above)

What I meant was .... irrelevant in the circumstances in play .... the father being British.

John,

I understand now. I am going to apply for my wife's ILR this week and the plan is to do a cover letter explaining that Tax Credits are in joint name and why my wife is claiming Child Benefit.

Can i just ask one question please, in the cover letter do i say my wife's claim for CB is covered by the below legislation...

The Social security (Immigration and Asylum) Consequential Amendments Regulations 2000, regulation 2 (paragraph 1 in Part 2 of the schedule) for Great Britain

or...

do i say it is covered by para 6B of 115 of the Immigration and Asylum Act 1999

Thanks John

[John]

Not quite. How about something like :-

I point out that my claim for Child Benefit is covered by para 6B of the Immigration Rules, as is my joint claim for Tax Credits.

In respect of Child Benefit, this is specified in para 1, Part II, Schedule, The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and in respect of Tax Credits the ability to claim jointly with my husband is covered by reg. 3(2), Tax Credits (Immigration) Regulations 2003.

I have written that in the first person from your wife because of course it is her ILR application.

[saleemiqbal67]

Not quite. How about something like :-

I point out that my claim for Child Benefit is covered by para 6B of the Immigration Rules, as is my joint claim for Tax Credits.

In respect of Child Benefit, this is specified in para 1, Part II, Schedule, The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and in respect of Tax Credits the ability to claim jointly with my husband is covered by reg. 3(2), Tax Credits (Immigration) Regulations 2003.

I have written that in the first person from your wife because of course it is her ILR application.

Excellent. Thank you very much John, your help has been imperative. I can see light at the end of the tunnal.

I will let you know how my wife's ILR application gets on.

[saleemiqbal67]

Hello John,
Hope all is well.

We are over the moon, my wife has been granted her ILR. Its taken just under 3 weeks.

Many thanks for all your help John.

Takecare

[John]

saleemiqbal67, congratulations to you and your wife, but then, why not? She was entitled to the ILR.