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rogerq
Newbie
Posts: 31
Joined: Sat Dec 23, 2006 9:45 pm

child benefit

Post by rogerq » Fri Jan 18, 2008 9:13 pm

hi everyone

My indonesian wife is living with me here in the uk on a 2 year spouse visa. She has a 4 year old son from her first marriage and he is also living with us (very happily!)...

...Is it ok if I apply for child benefits to help with bringing him up? The extra bit of money would come in handy every month (we"re doing fine financially as it is, we have no need to claim for any other benefits)...

thanks in advance

roger

flyez
Newbie
Posts: 36
Joined: Wed Jul 06, 2005 4:48 pm

Post by flyez » Sun Jan 20, 2008 12:59 am

Basically, by claiming child tax credit and child benefit won't be a obstacle for your wife's ILR appliaction, but other benefilt claim will do.

However, if I were you and in healthy financial situation, then I will not consider to claim child benefit at the moment because its just pocket money indeed. Its not worth to increase any doubt on your wife's ILR application although its likely ok. Once your wife/son get ILR, it will be a 100% green light to do so.

vinny
Moderator
Posts: 32963
Joined: Tue Sep 25, 2007 8:58 pm

child benefit

Post by vinny » Sun Jan 20, 2008 1:35 am

[quote="Chapter 1 -General provisions > Section 7 - Public funds"]5. Exceptions to the rule

Cases where money from public funds is being received by an individual’s partner do not count as “recourse to public fundsâ€
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Jan 20, 2008 11:59 am

rogerq, it is totally OK for you, and certainly not your wife, to claim Child Benefit, and you should do so as soon as possible, given that the start date can only be backdated a maximum of three months.

When did your wife and stepson come to the UK?

Also, Tax Credits! In respect of a couple living together such claims must be made jointly by the couple. However this is not a problem, even though your wife has the "No recourse to Public Funds" restriction on her visa. You are British (or otherwise settled in he UK) and thus some "small print" in the Tax Credits legislation permits your wife to be a joint claimant with you for Tax Credits, without her visa condition being a concern. This is reinforced by rule 6B of the Immigration Rules.

Again the Tax Credits claim can only be backdated a maximum of 3 months, so don't delay.

Your wife already has a NI number? If not the making of the Tax Credits claim will provoke the procedure to get one issued to her, which cannot be a bad thing.
Last edited by John on Sun Jan 20, 2008 2:31 pm, edited 1 time in total.
John

rogerq
Newbie
Posts: 31
Joined: Sat Dec 23, 2006 9:45 pm

Post by rogerq » Sun Jan 20, 2008 1:25 pm

thanks for your advice everyone, its been very helpful...

roger

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