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  1. #1
    Rookie มือใหม่
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    Default Tax Credits and Child Benefit

    Hi all,
    My wife and stepson have just been granted settlement visas and will be joining me here in the UK in next 2 weeks
    Also coming is my 4 year old son who's a British citizen.

    So as regerds any benefits I'm entitled to without falling foul of ILR criteria (which I haven't researched yet) - Child Benefit for my 4 y/o only, that one's straightforward but what about Working Tax Credits? Can I claim for him only or for the Thai stepson as well?

    Rangsit

  2. #2
    Premium Member caller's Avatar
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    Back to the drawing board I'm afraid! You can claim child benefit for your step-son, but your wife can't, but you can have it paid to her account. WTC's will have to be left for someone else, as I know nowt.

  3. #3
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    will try to answer your questions. yes you can claim Child Beneifit fo both the children untill they leave full time education. that could go on if they go to collage after Secondary School. it is £20 for the first Child and it is reduced for any child after the first one. not sure but its about £17 pounds Both amounts are payable weekly.
    I claim Tax credits my wife has just applied for ILR What you have to remember is that it is YOU and not your wife that will be claiming. so when the time comes to apply for ILR you must make sure that you tick the correct box It asks are you OR your partner claiming any bennefits the correct answer is your partner is Hope this helps

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    Moderator GTG's Avatar
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    I don't think Working Tax credits is affected by the number of children, I think it is the same for one or two, although if you are also claiming the childcare element, that would be affected. Child Tax Credits would also vary according to the number of children claimed for.

    Have a play around with the benefits checker here
    Gordie T Geordie

  5. #5
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    Thanks for the replies guys.
    I am surpirised you are saying I can claim Child Benefit for the Thai stepson. I would have thought thats in violation of the 'No Recourse to Public Funds' rule.

  6. #6
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    Your wife will have no recourse to public funds untill she gets ILR. YOU do have. You make any claims.

    And make sure you claim all you can they dont make it easy. I get Child benefit for my step daughter £20. per week and was told that I could make the claim so I did. You will only recive it from the day you land in the UK. And dont wait because they will only back date it 3 months
    As for TAX Credits the amount you recive will depend on your income. Nothing lost by making enquiries.
    I think if you are working you can earn up to about £40.000 and still get a small amount of extra from TAX credits.
    As long as you are honest with them You should have no problems. If you feel you are gettig the run around. CAB is the place to go

  7. #7
    Premium Member caller's Avatar
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    Quote Originally Posted by Rangsit View Post
    Thanks for the replies guys.
    I am surpirised you are saying I can claim Child Benefit for the Thai stepson. I would have thought thats in violation of the 'No Recourse to Public Funds' rule.
    Been there done it mate! Perfectly legal. Adding to what Vulcan says, there is no harm in applying for anything as long as your true circumstances are fully and accurately declared. Applying isn't a crime.

  8. #8
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    You can claim child benefit for both children. You can make the claim for tax credits over the phone if you are already in the HMRC system, just make sure you have your tax reference, NI number and, record of your last year's earnings. Though your wife has no recourse to public funds, you have recourse to all and any available to yourself for your dependants (ie: your wife and kids).

  9. #9
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    It is important, in respect of a couple living together, that the Tax Credits claim is made in joint names. For just one of a couple to claim could well be benefit fraud.

    Also, assuming one spouse to be British, or otherwise settled in the UK, either parent can be the Child Benefit claimant.

    Neither of these situations cause a breach of the "No recourse to Public Funds" restriction.
    John

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    Forum Regular สมาชิกประจำ
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    You are quite correct John. I just noted that my wifes name is also on the TAX Credit award.

  11. #11
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    Yes, good point, John. Rangsit's spouse's name has to be included in the claim because he's claiming on the basis of his family living together.

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    Premium Member i_hate_theo's Avatar
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    I have not even looked at child benefit or working tax credits yet so maybe a stupid question.......

    Would I be able to claim either benefit if my girlfriend and daughter are not in the UK? Although they do not live here I still have financial responsibility for them and hope to have both of them in the UK in some capcity sooner rather than later.

  13. #13
    Moderator John's Avatar
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    Would I be able to claim either benefit if my girlfriend and daughter are not in the UK?
    It is a reasonable question, but unfortunately the answer is no. The child has got to be living, as defined, in the UK and from what you have posted the child is not yet living in the UK. "As defined"? The definition covers, once the child has moved to the UK, still classed as living in the UK if absent from the UK for a period of no more than 8 weeks.
    John

  14. #14
    Premium Member KhunIanB-UK's Avatar
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    A thought went through my mind where I remember hearing/reading that it was possible to claim for children that were not resident in the UK and indeed have never been resident, but think it is only fellow EU Citizens that have that right, then just wondered whether if an EU citizen with a Thai spouse with a child/children in Thailand would be entitled to claim?

  15. #15
    Moderator John's Avatar
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    I think you are right, but the relevant children need to be living in the EU.
    John

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    Hi John,

    My Wife and my two stepsons have recently been issued thier ILR and although we have not needed to claim Child Benefit (CB) i think we have missed out.

    Now they have ILR can they claim CB or would it need to be myself.
    Thank you

    Mick

  17. #17
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    Child Benefit is claimed by one person, and that one person can be either parent/step-parent. In most families it is probably the woman that claims, but that is a convention that a particular family can ignore, if they want.

    A claim should go in as soon as possible. It can only be backdated a maximum of 3 months.

    What about Tax Credits? Unless family income is nicely over £40000, claim those as well.
    John

  18. #18
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    Hi everybody
    I am new to this forum, so apologise firstly if I break any rules. I am from the UK and live in Thailand. I am 64 years old and have heart problems. I am now married to a Thai lady and she is now 4 months pregnant. Is it possible to claim any benefits from the UK. I will register the birth with the British Embassy when she is born. I haven't paid all my NI stamps..any help please. I can't afford to fly to the UK..

  19. #19
    Moderator John's Avatar
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    If you were thinking of Child Benefit and/or Tax Credits, then no benefits are payable unless the child is resident in the UK.

    You are 64 now, so sometime in the next 12 months you will be 65! You might then be entitled to claim UK State Retirement Pension, but that will be in respect of only you, and no addition for wife and child(ren).

    I haven't paid all my NI stamps.
    Even so you might be entitled to claim some UK State Retirement Pension. When are you 65?

    Do appreciate that living in Thailand the UK State Retirement Pension will be fixed for life. You will not get the annual increments.
    John

  20. #20
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    Hi

    Sorry to butt in on this but I was wondering what benefits I'd be entitled to when my wife and stepson arrive in the UK. From threads I've read I know I'd get Child Benefit for my stepson but on the benefits calculator when I entered my information the only other benefit it lists is Working Tax Credit (about £10 a week). Should I also be entitled to Child Tax Credit? Sorry if I've missed any info out that you need to answer this question.

    This won't affect me until 2013 (we are planning the wedding for December 2012 then my wife and stepson will move here in Spring 2013 once his school year ends) but I thought it best to start planning early. My stepson is 5yrs old.

    Thanks

    Phil

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