Child Tax Credit ( Not Child Benefit )

raikal · Post by **raikal** » Wed Jul 07, 2004 4:13 pm

Hi,

I am currently on work permit and claiming Children tax credit since 2 years. On Home office site It is still not part of Public Funds. But I have seen in HSMP guidance notes that soon it will be part of Public Funds.

In next 3 months I am going for ILR and really worried about this. I do know that Home office has acess to our NI/Tax credits.

I have sent mails to Homeoffice and Inland Revenue and no one had given me answer on this.

Please advice.

thanks a ton

tvt · Post by **tvt** » Thu Jul 08, 2004 2:59 pm

At the moment Child Tax Credit is not a Public Fund.

Please continue to look at the following link on a monthly basis to see whether there has been a change.

http://www.ind.homeoffice.gov.uk/ind/en ... rules.html?

This web page lists (on the left) all the changes to the rules.

The moment the rules are changed, notify the Inland Revenue that you wish to cancel the payments with immediate effect.

raikal · Post by **raikal** » Thu Jul 08, 2004 3:08 pm

Thanks for your reply.

1. I am actually claiming this from last 3 years. And noticed on Inland Revenue website that people are not eligible to claim this who come under "Immigration Control" ( wef 4th April 2003 ) I think the work permit holders do come under Immigration control.

2. In the ILR form, there is a question that " Do you clami any public Funds " As Child tax credit is not part of Public Funds yet, the answer will be no.

As I am going to ILR in 3 months. I am really scared of this situation.

Pls advise.

tvt · Post by **tvt** » Thu Jul 08, 2004 3:15 pm

You can only be harmed if the Immigration Rules are changed before you receive your ILR status to include CTC as a Public Fund and you are still in receipt of CTC.

However, the Immigration Rules never change retrospectively. Therefore, the moment you notice any change, you simply notify the Inland Revenue that your circumstances have changed and you wish not to be paid this credit.

tibs · Post by **tibs** » Thu Jul 08, 2004 3:40 pm

I recently got a view from a lawyer and his view is that it is a benefit and it is public fund.

But at the same time I found this on the internet.

http://www.thevillage.org.uk/displaysto ... ecordID=66

This is still NOT clear to me.

Please could anyone with experience (or knowledegable) on this contribute ?

Thanks in advance,
Tibs

tvt · Post by **tvt** » Thu Jul 08, 2004 3:48 pm

The issue is very simple:

As of the 1st of July 2004 Child Tax Credit is NOT on the list of public funds in S. 6 of the Immigration Rules.

http://www.ind.homeoffice.gov.uk/ind/en ... ction.html

raikal · Post by **raikal** » Tue Jul 13, 2004 1:54 pm

Thanks for your inputs tnavon.

I have registered to on-line Inland Revenue service and found that there is a column " Subject to immigration Control Yes/No " and my status is Yes. That means according to Inland Revenu, if anyone is subject to Immigration control they are not entilted for CTC. But I am getting these since last 3 years. ( My kid is born in UK )

I am sure, Homeoffice might cross check with InlandRevenue records when I go for ILR in 3 months.

I am really scared to canel this to contact IR as they might say I was wrongly claiming.

Also, I tottally agree with you that, it is not yet listed as public funds in homeoffice. and the same is also not listed on ILR application form.

Please advice.

tvt · Post by **tvt** » Thu Jul 15, 2004 9:31 am

What is your nationality?

The chances that the HO would contact the IR in your case are ZERO.

Why on earth do you think that the HO cares anything about whether you got CTC or not?

raikal · Post by **raikal** » Thu Jul 15, 2004 10:52 am

Thanks for your reply Tnavon.

I am Indian National.

raikal · Post by **raikal** » Thu Jul 15, 2004 12:05 pm

Thanks again for your detailed reply. I am bit lost again.

It looks like I may be ok then.

Just referring to your previous link as below

http://www.immigrationboards.com/viewto ... hlight=ctc
So this may be for Inland Revenue not HO

I refer another link
http://www.legislation.hmso.gov.uk/si/s ... 030653.htm
Which clearly says, I am not eligible but this is not yet added to Public funds.

Regards

tvt · Post by **tvt** » Thu Jul 15, 2004 1:11 pm

There are two aspects here:

1. Immigrationwise: Not a problem as not a public fund.
2. Taxwise: Might be a problem. However, you disclosed all the relevant information to the Revenue. Therefore you have nothing to be afraid of. If worst come to worst you will be asked to return the money.

raikal · Post by **raikal** » Thu Jul 15, 2004 1:38 pm

Thanks a Million for your advice.

Chess · Post by **Chess** » Wed Jul 28, 2004 3:31 pm

I am not conviced that people subject to immigration control are entitled to Child Tax Credit

Can some one give us examples using 'case law'

BTW, how is CTC paid. Is it paid once, every month....Does it appear on the P60, Pay slip?....Any Dad's and Mum's out there???

mwaitojofu · Post by **mwaitojofu** » Wed Jul 28, 2004 4:20 pm

Chess,

CTC is paid every month and directly to your account.

It is not much but still useful.

Bambu,

Kayalami · Post by **Kayalami** » Wed Jul 28, 2004 4:22 pm

Chess,

You thinking of getting some offspring or are you indirectly sharing some good news with the forum

.

Chess · Post by **Chess** » Wed Jul 28, 2004 4:42 pm

Kayalami wrote:Chess,

You thinking of getting some offspring or are you indirectly sharing some good news with the forum .

Well every little helps - and it would be nice to know that if one got CTC then they would not be breaking the law...

...on the other hand 'Council Tax benefit' is a Public fund - what about if one gets the 25% reduction (benefit) for being the sole occupant of a property (is that a Public fund??) - I suspect NO

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Child Tax Credit ( Not Child Benefit )

Child Tax Credit ( Not Child Benefit )