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  1. #1
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    Default Child benefit protects State Pension!

    Some members may be interested to know that if you are claiming Child Benefit that your National Insurance ( Stamp) contributions will be paid automatically until your child is 12 years of age.
    It's called Home Responsibilities Protection.

    http://www.nidirect.gov.uk/index/mon...protection.htm

    So if your wife is at home not working, or on low income make sure that the Child Benefit is in her name as it will contribute for qualifying years for her State Pension. I recently changed ours over to my wife's name as I had originally put it in mine. I also managed to get the previous years also transferred to my wife.

    http://www.hmrc.gov.uk/forms/cf411.pdf

    Hopefully the links have attached.

    Alex

  2. #2
    Moderator John's Avatar
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    Alex, good post!

    Just to add to that, who can claim Child Benefit? Basically either parent living with the child(ren). But what about the "No recourse to Public Funds" restriction on a time-limited spouse visa? Where that spouse is married to a British Citizen, or other EEA Citizen, then as regards Child Benefit that restriction can effectively be ignored, as para 6B of the Immigration Rules is in play. So no problem, for example, the Thai spouse of a British Citizen claiming the Child Benefit.
    John

  3. #3
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    So if I go back to the UK after living in Thailand for 22 months with my daughter(9 months) and wife(on V/V) I can claim Child benefit in my name right? Am I still a resident?

    I will need the birth cert. when I apply... Can this be a translation of the thai birth cert.? or Do I have to register the birth with the British Embassy to get a British Birth cert.? (I will do this in the future anyway but hoping to do it later...)

  4. #4
    Moderator John's Avatar
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    The part of your post that has thrown up warning bells is "wife(on V/V)". What does that mean? All you all effectively in the UK for just a short while? If that is not the case then please explain why your wife will have only a visitor visa.

    For the background to this have a read of this HMRC webpage. Having done so do you think that you will be "ordinarily resident" in the UK, or will you be just visiting?
    John

  5. #5
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    Thanks John,

    Yes im going back to the UK after living in Thailand (if the other half gets the visa) next month. As I have been living in Thailand and dont have a job/ house/ bills in the UK we decided that it would be hard to obtain a spouse visa straight off.
    After 6 months of work / payslips / house bills etc. then we will, if the Mrs likes it, go back to Thailand for a few months to apply for the spouse visa then. If she doesn't like it i will be living in Thailand... But the idea now is live in the UK while my daughter grows up. If you have time (and are interested) you can read my thread!

    I had read the HMRC website and I think I would qualify... As the plan is to live in the UK, this might change at a later date which then I would notify the change.

    After looking through some other threads I think the translated Thai birth cert. is no problem right?

  6. #6
    Moderator John's Avatar
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    Dealing first with the matter of the birth certificate. When in the UK, for example when claiming Child Benefit, supply both the original Thai certificate and a translation into English.

    So the plan is that you come to the UK and you stay. Your wife will first come here as a visitor, and will leave before the expiry of that visa, and if she likes it in the UK then an application will be made in Bangkok for a spouse visa.

    And the baby? When your wife goes back, will the baby stay with you? Or go back to Thailand with your wife?

    By the way, while you are asking about Child Benefit, it is also relevant to mention that is a claim is OK for Child Benefit then it would also be OK for Tax Credits.
    John

  7. #7
    R.I.P. ddwjg's Avatar
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    John, I don't know if you have read his other thread, linked to in his previous post, but the baby has both Thai and British birth certificates, and gwyd1982 is not prepared to be seperated from his wife and child, so presumably he will be returning to Thailand with her after the V/V. They will only be returning on spouse visa, if she is happy in the UK. There seem to be contradictions in the information on the 2 threads.

    Dave.
    Last edited by ddwjg; 9th Sep 2010 at 10:28. Reason: Text change.

  8. #8
    Moderator John's Avatar
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    gwyd1982 is not prepared to be seperated from his wife and child, so presumably he will be returning to Thailand with her after the V/V.
    The problem with that is that by then he might have a job, and it is the income from that job that will be the basis of her spouse visa application.

    Choices need to be made here! For the long-term benefit of the family a short period of separation might be necessary.
    John

  9. #9
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    Quote Originally Posted by ddwjg View Post
    John, I don't know if you have read his other thread, linked to in his previous post, but the baby has both Thai and British birth certificates, and gwyd1982 is not prepared to be seperated from his wife and child, so presumably he will be returning to Thailand with her after the V/V. They will only be returning on spouse visa, if she is happy in the UK. There seem to be contradictions in the information on the 2 threads.

    Dave.
    ...err... dave? First up, my daughter doesn't have a British birth certificate! She has both British and Thai Passports! If she had a British birth certificate then I wouldn't have asked the question on post #3 now would I?

    Second, what contradictions?

    I will travel back to Thailand (on holiday!) with my wife and daughter while we apply for a settlement visa... (as long as she likes it...) Therefore I will still be a resident of the UK and will still be eligible for child support.

    If the settlement visa application takes longer than my job will allow holiday, then I am prepared for a short separation, of course!

    John will read up on tax credits, because I have to admit I don't know what they are! Thanks.

  10. #10
    Moderator John's Avatar
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    Therefore I will still be a resident of the UK and will still be eligible for child support.
    Do appreciate that there is an 8-week limit to the child being outside the UK. After that the eligibility ceases.

    John will read up on tax credits, because I have to admit I don't know what they are!
    Lots about Tax Credits, and indeed about Child Benefit, on the www.hmrc.gov.uk website. Links to pages about those benefits from the HMRC homepage.
    John

  11. #11
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    Gwyd1982, Yes, my deepest apologies. It was me who was getting confused over passports and birth certificates. There are no contradictions, you are right. Sorry again.

    John is by far your best adviser on this, and will not mislead you.

    Dave.

  12. #12
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    OK Dave, Thanks for your apologies. No hard feelings. Thanks John. Good to know 8 weeks is the limit.

  13. #13
    f.k.a. Chris M m0ntecarl0's Avatar
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    Are there any benefits in moving child tax credits into my wife's name too? In the process of claiming for my step daughter with regard to child benefit - should we do the same for tax credits as she isnt earning?

  14. #14
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    Chris,
    Not sure if it would make any difference moving Tax credits to your wife's name as I presume that the amount paid is worked out after your "joint income" is calculated. But ceratainly move the Child Benefit as your wife will get her "stamp" paid.

  15. #15
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    In respect of a couple living together any Tax Credits claim must be made in joint names. In addition there is no Home Responsibilities Protection emanating from a Tax Credits claim.
    John

  16. #16
    f.k.a. Chris M m0ntecarl0's Avatar
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    I telephoned the child benefit office today and they told me there is no benefit in moving child benefit to my wife's name....!

    Now completely confused what to do?

    Any advice appreciated.

  17. #17
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    Chris,

    If the child is under 12 years of age & Child Benefit is in your wife's name she should definately be due Home Resposibilities Protection. (see link above). I got a lot of misinformation before getting it sorted out. The Child benefit office were not much help. Call the pensions office (ask for the dept who deal with Home Responsibilities Protection & they should sort it out . (unfortunately i've mislaid the phone number).

  18. #18
    f.k.a. Chris M m0ntecarl0's Avatar
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    Thanks Sorapang - I have a one and a half year old (claiming CBenefit already) and a 10 year old (step daughter).....trying to sort out the child benefit for our 10 year old - told could take 6 months to process as they want Birth Certificate and takes ages to sort - is this true?

    Have her Birth Certificate in Thai and English which I have sent off tonight.

    When I asked if I could change to my wifes name they said the child benefit would be frozen (could be for 6 months and we wouldnt be paid it) and that it wasnt easy to put in my wifes name.

    I have the number of the Pensions office thanks......what does it mean having Home Responsibilities Protection?

    My wife isn't working (as housewife) - does it help contribute to her state pension?

    many thanks

  19. #19
    Premium Member Gary & Nok's Avatar
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    Quote Originally Posted by Chris M View Post
    My wife isn't working (as housewife) - does it help contribute to her state pension?
    The information I have just received from my pensions guy appears to say No. If your wife does not work/pay NI herself then she will only be entitled to a spouses pension and it will only be available to her when you retire.

    She would need 30 years of stamps to get a full pension.

    Not sure of the impact of Child Benefit though so worth waiting for another opinion.
    Last edited by Gary & Nok; 23rd Sep 2010 at 08:24.

  20. #20
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    Quote Originally Posted by Sorapong View Post
    Chris,
    But ceratainly move the Child Benefit as your wife will get her "stamp" paid.
    From post # 14 on this thread.

    Dave.

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