Is my mum entitled to any benefits as my dad is working in Dubai for two years?

Sam____2

Murgatroyd21 wrote: »

See my post above and

"
What you need to do if you’ve made a joint claim

If you or your partner go abroad for less than 52 weeks you’re still treated as if you’re in the UK for the first eight to 12 weeks – depending on the reason you’re going. Your joint tax credits claim will usually carry on for that period of time. But once the 8 or 12 weeks are up, whoever stays behind in the UK will need to make a new single tax credits claim.
If you or your partner expects to go abroad for more than a year, the person who stays behind in the UK will need to make a new single tax credits claim.
If you have children, the partner making the single claim may also be able to get help with childcare costs."


From tax credit guidance.

the bit I've highlighted is very ambiguous, it doesn't state that a claim can definately be made, it will depend on the circumstances...

RAS

yes but nannytone had no intention of ever returning to the UK and was a Swiss resident. This guy may become a resident in Dubia and intends to return to the UK, I assume.

C_Mababejive

Are there any grants available which allow wives to visit the NRP?

Errata

Just because someone takes a job in another country, that doesn't prevent them from returning to the warm embrace of their family for a few days every month or so.

Murgatroyd21

Sam___ wrote: »

the bit I've highlighted is very ambiguous, it doesn't state that a claim can definately be made, it will depend on the circumstances...

To clarify, the part you've underlined relates only to the 8 or 12 week rule. In this case, after 8 weeks the parent remaining in the UK can make a single claim.

devildog

Sorry that information is totally wrong!! After 8 weeks the remaining person living in the UK cannot make a claim as a single person. I know that is not what tax credit helpline/guidelines says but they are wrong!!!!
The joint claim should not of been reported as ending because they remain married and together(in marital sense) the only aspect that should of been reported was that dad was working/living abroad.
Re things like HB everyone has their rules and regulations and if the absent partner spends more than 6 weeks at home in the UK per financial year there is no reduction for council tax-as in 25% discount for only one adult(don't know rules for HB)

Murgatroyd21

devildog wrote: »

Sorry that information is totally wrong!! After 8 weeks the remaining person living in the UK cannot make a claim as a single person. I know that is not what tax credit helpline/guidelines says but they are wrong!!!! So, it's wrong because you think so? If after 8 weeks for the reason stated they are entitled to make a single claim. Read the guidance on when the 12 week rule applies.

The joint claim should not of been reported as ending because they remain married and together(in marital sense) the only aspect that should of been reported was that dad was working/living abroad. Actually yes, it should be reported as ending. Can't make a single claim until the previous joint claim has ended. These are the rules for tax credits. You may not personally like them, but it still doesn't make it wrong!


Re things like HB everyone has their rules and regulations and if the absent partner spends more than 6 weeks at home in the UK per financial year there is no reduction for council tax-as in 25% discount for only one adult(don't know rules for HB) There may well be different rules for other benefits, I don't contest that, I am only referring to tax credit matters here.

Please see HMRC guidance for yourself at http://www.hmrc.gov.uk/taxcredits/keep-up-to-date/changes-affect/abroad-temp.htm.

devildog

I don't need to thank you very much. Have actually experienced the whole bloody merry-go-round of this. They wanted me to claim as a single person and I fought against this for years(because, in my opinion, it was wrong) yet stupid incompetent advisors kept telling me to claim as a single person. I submitted formal complaints and demanded answers which I got. The only way you are entitled to claim as a single person is if you are single(regardless if you have a husband working overseas). I have this in black and white from 'high up'.

Murgatroyd21

devildog wrote: »

I don't need to thank you very much. Have actually experienced the whole bloody merry-go-round of this. They wanted me to claim as a single person and I fought against this for years(because, in my opinion, it was wrong) yet stupid incompetent advisors kept telling me to claim as a single person. I submitted formal complaints and demanded answers which I got. The only way you are entitled to claim as a single person is if you are single(regardless if you have a husband working overseas). I have this in black and white from 'high up'.

Perhaps if you understood more about the approach taken by tax credits in different circumstances it may help you understand. For example, you are insistent you can only ever claim as a single person if you are single. This is patently not correct, and is simply because of your lack of knowledge, understanding and experience of tax credits over the whole range of circumstances they cover. This isn't a criticism of you, just stating a fact that hopefully you can accept.

A simple example - Someone living in the UK has a partner from abroad move in, but that partner has no recourse to public funds so cannot be included on a joint claim or risk their status in the UK being questioned and possibly giving rise to expulsion for breach of their terms of residence. The remaining partner has the day to day care and responsibility for children entitled to be in the UK and receive benefit entitlement such as child benefit, tax credits etc. That partner ordinarily resident and entitled to UK benefits can make a claim to tax credit as a single claimant for either or both wtc/ctc as appropriate depending on that individual's circumstances.

The rules can be complex, but experience teaches people in the situation as described by the OP meet the criteria for making a single person claim.

real1314

The details being provided by murgatroyd DO NOT apply to other benefits, such as IS, JSA, HB, CTB, ESA etc.