east579 wrote:I have just started claiming working tax credits as i have just got back into employment and the award notice came through and has the second adult element on it.
I am British and my partner is Brazilian who currently has a FLR O application in we have 1 child together who is a British citizen.
When we first started to claim CTC it is a joint claim with me as the main claimant and my partner on the claim, and i also stated on the form that my partner is subject to immigration control has no recourse to public funds and no permission to work in the uk.
Anyway after reading this post and noticing the second adult element being paid i called the HMRC(i again stated my partner has no status and recourse etc) and the advisor said when claiming as a couple and one person is not subject to immigration control ie British then for tax credit purposes both(the other person) is classed as not being subject to immigration control.
But if there was any problems they have a direct link to the Home office and things would be rectified.
Does anybody else have any info on this?
This is not applicable to those with children so no need to worry.
Following a change in legislation from 6 April 2010, the second adult element of Working Tax Credits (WTC) won’t be paid on a
WTC only claim from a couple where only one customer is subject to immigration control and not a national of Croatia, The Former Yugoslav Republic of Macedonia or Turkey.
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Reasons not to follow this guidance
You don’t need to follow this guidance if
the case is pre-award
the claim is from a single person
the claim is from a couple with children
there is not any eligibility to WTC, including nil entitlement
the claim is from a couple and neither customer is subject to immigration control
the claim is from a couple and both are subject to immigration control
the claim is from a couple and the customer who is subject to immigration control is a national of Croatia, The Former Yugoslav Republic of Macedonia or Turkey.
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