HSMP Renewal - Child Benefit

[anoop_mun]

Hello All,

My HSMP renewal will be due in a few months now but wanted to clarify if I was doing something wrong here. I wanted to make sure I have everything correct for my HSMP renewal.

I am an Indian national with an Indian passport and my daughter is an Irish Citizen with an Irish Passport. She was getting her child benefit in Ireland till April last year. Later in May we decided to inform the Irish authorities and subsequently her child benefit was stopped in Ireland.

The Irish authorities informed that she being an Irish citizen is entitled for her benefit in any EEA state. In May last year I had applied for Child benefit which was approved by HMRC.

Now when my HSMP is coming for renewal would this affect me since the child benefit is coming under my name. I had a look at some of the definitions of Child benefit exemptions to which I was an exact match.

http://www.ukba.homeoffice.gov.uk/sitec ... cfunds.pdf

a) I’m a member of the family of an EEA national - am I eligible for any benefits?

If you are living with another family member who is an EEA national – for example, your child or your partner – you may be eligible for
the following benefits:

• Child benefit
• A social fund payment
• Attendance allowance
• Severe disablement allowance
• Carer’s allowance
• Disability living allowance

Would be very kind of you if you could guide me if there is any wrong doing on my part and if not what documents should I be sending while I am sending all my documentation for HSMP renewal.

Thanking you.

Regards,
Anoop

[John]

Anoop, there is no problem in what you have posted. You are perfectly entitled to claim Child Benefit in the UK ..... but not Tax Credits.

As you say you are entitled to claim :-

• Child benefit
• A social fund payment
• Attendance allowance
• Severe disablement allowance
• Carer’s allowance
• Disability living allowance

And whilst Child Benefit is within the definition of Public Funds, as in para 6 of the Immigration Rules, we should not ignore para 6B :-

6B. A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

-: and the underlying "small print" confirms that your right to claim Child Benefit is because of regulations made under the named subsections of section 115 of the Immigration and Asylum Act 1999, and thus :-

A person shall not be regarded as having recourse to public funds if .......

Go for it! Make the Child Benefit claim without delay.