ILR - can applicant claim child benefit?

RHussain07 · Post by **RHussain07** » Tue Jan 31, 2012 3:47 pm

dear all,

my wife has come to the uk on a spouse visa - whilst in the UK, we had a baby and we receive child benefit in my wife's name.

is that a problem? - as one the ILR form it lists child benefit as a public benefit and as you know applicants cannot have 'recourse to public funds'.

can someone please advise?

many thanks

Post by **Greenie** » Tue Jan 31, 2012 3:51 pm

if you have ILR and your wife doesn't, you should be claiming the child benefit, not your wife as for your wife to claim is a breach of her conditions unless she is a national of a country with which the UK has reciprocal social security agreements. What is her nationality?

RHussain07 · Post by **RHussain07** » Wed Feb 01, 2012 4:42 pm

Greenie wrote:if you have ILR and your wife doesn't, you should be claiming the child benefit, not your wife as for your wife to claim is a breach of her conditions unless she is a national of a country with which the UK has reciprocal social security agreements. What is her nationality?

Hi Greenie,

thanks for the quick response - i am a uk citizen - my wife has recently come to the UK on a two year spouse/entry clearnance visa.

does that help?

Thanks,

Post by **Greenie** » Wed Feb 01, 2012 7:29 pm

RHussain07 wrote:
Greenie wrote:if you have ILR and your wife doesn't, you should be claiming the child benefit, not your wife as for your wife to claim is a breach of her conditions unless she is a national of a country with which the UK has reciprocal social security agreements. What is her nationality?
Hi Greenie,

thanks for the quick response - i am a uk citizen - my wife has recently come to the UK on a two year spouse/entry clearnance visa.

does that help?

Thanks,

no - not really - I asked what your wife's nationality is, not yours.

RHussain07 · Post by **RHussain07** » Fri Feb 03, 2012 5:04 pm

Greenie wrote:
RHussain07 wrote:
Greenie wrote:if you have ILR and your wife doesn't, you should be claiming the child benefit, not your wife as for your wife to claim is a breach of her conditions unless she is a national of a country with which the UK has reciprocal social security agreements. What is her nationality?
Hi Greenie,

thanks for the quick response - i am a uk citizen - my wife has recently come to the UK on a two year spouse/entry clearnance visa.

does that help?

Thanks,
no - not really - I asked what your wife's nationality is, not yours.

Apologies - she is Pakistani. I setup the child benefit in her name as we needed letters in her name (for our ILR application) but I did not realise that by doing so, it may cause an issue.

given i am a uk citizen, i can claim child benefit but unsure as to if having it in her name would be an issue.

What do you think?

Post by **Greenie** » Fri Feb 03, 2012 5:06 pm

you need to claim in your name, your wife should not be claiming - it is a breach of the condition of her leave.

doubletrouble · Post by **doubletrouble** » Fri Feb 03, 2012 6:29 pm

As mentioned by Guru I would return all the claimed amount with a good explaination and then claim in your name. You can claim back for upto 3 months.

arsenal49 · Post by **arsenal49** » Fri Feb 03, 2012 7:59 pm

cant u just go n tell them...to correct their records to include YOUR name and not your wife's name... worth a shot!

doubletrouble · Post by **doubletrouble** » Fri Feb 03, 2012 8:13 pm

Good thought but they must back date it to day 1 also you need to ensure nothing appears on her record when home office does checks when she applies for ILR/extension using her NI number.

arsenal49 wrote:cant u just go n tell them...to correct their records to include YOUR name and not your wife's name... worth a shot!

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ILR - can applicant claim child benefit?

ILR - can applicant claim child benefit?