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  1. #41
    Old Hand มือเก่า galahad's Avatar
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    If your wife isn,t working she will accrue free state pension years until the child's 12. She would have to be the main Child benefit claimant though.Not sure how this would affect your benefits though? I wouldn,t have thought it would.

  2. #42
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    Changing our Child benefit claim to her name wouldn't affect my benefit but can I claim either child tax credits or family tax credits without being in breech of the "No recourse to public funds"?

  3. #43
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    Having checked the tax credits site, I am entitled to claim child tax credit but not family tax credit without being in breach of the "No recourse to public funds". I believe I could also claim family tax credits if either of us were working part time without breaching as well.

  4. #44
    Premium Member caller's Avatar
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    You can submit a claim for whatever you like, as long as you truthfully declare your full circumstances, which obviously includes your families status in the UK. Those you are applying to will then apply the regulations and determine whether you have any entitlement and advise accordingly.
    'Tis me

  5. #45
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    Yes I used the Tax Credits calculator which has a box for "immigration" which states "No recourse to public funds" as one of the reasons to tick this box. Having used that box and completing all our other details, I was informed that we could successfully claim child tax credits.

  6. #46
    Rookie มือใหม่
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    There seems to be conflicting advicde regarding a wife claiming child benefit while under immigration control.


    I contacted the Child Benefit Office direct to request clarification for my wife (under immigration control) claiming child benefit for our two children with Thai/UK dual nationality............Response copied below:
    From: Child Benefit Office (child.benefit@hmrc.gov.uk)You moved this message to its current location.
    Sent: 06 August 2013 14:07:32
    To: XXXXXX





    Dear Mr XXXXX

    Thank you for your email.

    Please do not click on 'reply' to this email. If you do other people using the Internet could see personal information about you.

    If you need to reply, click on the link below.
    Reply from our website at:
    http://www.hmrc.gov.uk/childbenefit/contactus.htm

    As a UK national you are entitled to claim UK Child Benefit for your children on your return to the UK. Although your wife is subject to immigration control as she is married to you ,a UK national she is entitled to claim Child Benefit in her name. Her entitlement arises both because she is married to a UK national and also because the children are UK nationals and hold UK passports.

    I trust this is helpful to you.

    Has anyone else had their wife claim under similar circumstances or is the advice received inaccurate??

  7. #47
    Premium Member Gary & Nok's Avatar
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    Quote Originally Posted by laarbruch View Post
    Has anyone else had their wife claim under similar circumstances or is the advice received inaccurate??
    You have the information from the horses mouth, why do you think it is wrong!
    Bye Bye EU Day 31st December 2020 (11 p.m.)

  8. #48
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    Because other UK gov documentation regarding recourse to public funding lists Child Benefit as being unavailable while under Immigration Control.....................Also

    On this forum there are references to the UK spouce claiming as the benefit is not available to Thai wife

  9. #49
    Premium Member KhunIanB-UK's Avatar
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    We claimed as I was UK National with Thai wife and Dual Nationality Daughter. We requested the money to be paid to my Thai wife as hopefully the money will help towards her pension contributions (at least until daughter reaches 12). Even though, due to salary, I now no longer qualify for child benefit, I continue to claim under wife's details to continue the contributions, this does mean that I do have to complete a tax return each year though and pay the money back from my account.

  10. #50
    Moderator John's Avatar
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    Quote Originally Posted by laarbruch View Post
    Because other UK gov documentation regarding recourse to public funding lists Child Benefit as being unavailable while under Immigration Control.....................Also

    On this forum there are references to the UK spouce claiming as the benefit is not available to Thai wife
    So you are reading the definition of Public Funds in para 6 of the Immigration Rules. But what about paras 6A, 6B and 6C that follow?

    In formulating their message to you the Child Benefit office have taken those provisions into account, but you do not want to?

    - - - - - - - u p d a t e d - - - - - - -

    Quote Originally Posted by KhunIanB-UK View Post
    We claimed as I was UK National with Thai wife and Dual Nationality Daughter. We requested the money to be paid to my Thai wife as hopefully the money will help towards her pension contributions (at least until daughter reaches 12). Even though, due to salary, I now no longer qualify for child benefit, I continue to claim under wife's details to continue the contributions, this does mean that I do have to complete a tax return each year though and pay the money back from my account.
    There is nothing to stop your wife continuing to claim Child Benefit, irrespective of the amount of your income. But if because of your income you need to pay it back, you must register for Self Assessment and complete a Self Assessment tax return every year.

    If you happen already to be registered for Self Assessment, well you will answer the Child Benefit question on the return in the obvious way.
    John

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