Health in Pregnancy Grant Eligibility

lew99

I'm a UK citizen, and have been paying my taxes for many years. My wife is from another country, but staying with me here under normal spouse visa (have to start with spouse visa before getting citizenship later).

She is now in later stages of pregnancy, and we had sent of the forms for the health and pregnancy grant (£190) that had been told everyone is entitled to. However it came back declined. Now we know of other couples in same situation (UK husband, wife on spouse visa) where they have been given this grant.

Can anyone shed any light on where we stand? Other similar cases of people receiving this grant or being declined?

Thanks.

twoheadedboy

It's quite complicated really but...

who can get the grant?

You can get the grant if all of the following apply:

• you are at least 25 weeks pregnant.
• you have been given health advice from a midwife or doctor to help you and your unborn baby stay healthy during pregnancy
• you are present, 'ordinarily resident' and have a ‘right to reside’ in the uk. ('ordinarily resident' will depend on your circumstances but it usually means your main home is here.)

if you're a new arrival to the uk, the residency rules are the same as for a child benefit claim.

Child Benefit residency rules are:

if you're subject to 'immigration control'

you may not be able to get child benefit if you're subject to 'immigration control'. Immigration control means either:

• the home office says you have permission to stay in the uk (known as 'leave to enter or remain') but this permission is given to you on the grounds that you don't claim some benefits, tax credits or housing help paid by the uk government (known as 'recourse to public funds')
• you need permission to stay in the uk - again known as 'leave to enter or remain'- but you don't have it

sometimes if you're subject to immigration control you might still be able to claim child benefit, for example if you're from a country with which the uk has a social security agreement that covers child benefit.

However, from the Child Benefit Technical Manual: http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM10140.htm

The Social security (Immigration and Asylum) Consequential Amendments Regulations 2000, regulation 2 (paragraph 1 in Part 2 of the schedule) for Great Britain
The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000, regulation 2 (paragraph 1 in Part 2 of the schedule) for Northern Ireland

People who are subject to immigration control are not excluded from entitlement to child benefit if they are a family member (spouse or partner) of a person who is a UK, EEA or Swiss national.
If the child being claimed for is an EEA national, this would also allow for this exception to apply.

So technically your wife should qualify. I would advise your wife to contact the HiPG helpline (0845 366 7885) and ask for a reconsideration based on the fact that her partner is a UK national.

Good luck.