Child benefit cuts - no recourse to benefits

Little_Pickle

Dear all,

Hoping very much you can help.

My husband and I have been married for 2 1/2 years.
I am British, he is a New Zealander.

We have a 3 year old son.

His visas have always stated 'no recourse to public funds'.

Child benefit had be claimed under my name (and had to be PROVEN in writing for his visas).

He is now on his 'Indefinate leave to remain' visa until he hopefully becomes a british citizen this year after living and contributing to the country (and having to pay massive visa bills to do so) for 9 years.

Can someone please tell me if our child benefit will be taken as his visa states 'no recourse to public funds'?
I earn way under 50k and he earns bang on 50k.

Many thanks,
LP
xox

HappyMJ

Child benefit does not affect "no recourse to public funds". You can still claim it for your child.

Little_Pickle

Many thanks for confirming this for us.
Happy New Year to you!
LP
xox

MissMoneypenny

Little_Pickle wrote: »

He is now on his 'Indefinate leave to remain' visa until he hopefully becomes a british citizen this year

Can someone please tell me if our child benefit will be taken as his visa states 'no recourse to public funds'?

I earn way under 50k and he earns bang on 50k.

Someone with ILR, can claim public funds in their own name, as they are regarded as being "settled in the UK". Before your husband's ILR, his visas would have had "no recourse to public funds" and the CB claim would have had to be in your name. Child benefit is a public fund.

Before your husband's ILR, his income would be still be counted for your benefit calculations even thought he had "no recourse to public funds". That meant that he couldn't claim public funds in his name, but his income was counted as part of any claim you made.

I haven't been following the rules on the new child benefit limits, so I don't know if one person earning 50K will affect your households child benefit payments.

BTW, I thought I read that when someone got ILR and was married to a Brit, they could apply for citizenship as soon as they get ILR (subject to the other rules).

MissMoneypenny

HappyMJ wrote: »

Child benefit does not affect "no recourse to public funds". You can still claim it for your child.

Child benefit is a public fund and cannot be claimed by someone with "no recourse to public funds". The other parent can claim it if they have British Citizenship or Indefinate Leave to Remain. The only exception seems to be is if they came from a country with a reciprical agreement.

EU citizens and those non EUs who exercise their EU rights to live in another EU country, can claim child benefit and have access to full welfare payments in the UK. Whereas some other EU countries have imposed a time limit before they can claim. i.e. 2 years of working in Ireland before they can access their welfare system.