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Claming child benefits first time

Hi All
I had my DLR 2.5 yrs last year in june and then my daughter got registered as british citizen in November same year
now i wanted to ask if i can clam any sort of benefits on behalf of her

i called Child Benefits helpline and i was told that i cant cause even though my daughter is british citizen
and even i went to see CAB and they kept me running from pillar to post ...........

can any advisor put some light on this matter pls
as i belive there must be many in same boat



  • sju
    sju Posts: 8 Forumite
    Isn't there any one to answer on this thread

    would appreciated if some one please reply
  • sheramber
    sheramber Posts: 19,380 Forumite
    First Anniversary I've been Money Tipped! First Post Name Dropper
    Child benefit is claimed by and paid to the child's carer.

    SO it is the eligibilty if the carer that applies.

    Are you subject to immigration controls?

    You’re ‘subject to immigration control’

    You can’t claim Child Benefit if you’re subject to immigration control, unless you’re:

    a sponsored immigrant - someone else has agreed to be financially responsible for you
    from Algeria, Morocco, San Marino, Tunisia or Turkey and working in the UK
    from a country that has an agreement with the UK for Child Benefit

    Countries that have an agreement with the UK are:

    Bosnia and Herzegovina
    the Channel Islands
    New Zealand

  • sju
    sju Posts: 8 Forumite
    Thnx for the response

    I was overstayer and after 12yrs my family for the discreational leave for 2.5yrs
    and after getting the DL my daughter was entitle for british registration ......so she is British citen now for last 5 months

    and our stays still remain the same on our BRP (Bio metric card ) it say "No Public Funds"

    we are on 10yrs route to qualify for Indefinate Leave to Remain does that mean we cant claim anything ?

  • nannytone_2
    nannytone_2 Posts: 12,952 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    if you have no recourse to public funds then you can't claim anything.
    the fact that your daughter is a british citizen means nothing in benefit terms as she isn't old enough to claim for herself
  • thorsoak
    thorsoak Posts: 7,166 Forumite
    Name Dropper First Post First Anniversary
    If your passport says "no public funds" that's what it means!
  • sju
    sju Posts: 8 Forumite
    Ok thnx very much
  • sju
    sju Posts: 8 Forumite
    Hello all

    I have got this update from my friend
    which will allow me to claim benefits

  • NYM
    NYM Posts: 4,066 Forumite
    First Anniversary Photogenic Combo Breaker First Post
    I've just read that link and to be perfectly honest...it just confuses me :o

    ...The exemption in regulation 2(2) therefore covers a claimant who is subject to immigration control but who claims an entitlement to child benefit on the basis that they are a member of a family of an EEA national. This includes a British child, as the United Kingdom is a State contracting party to the EEA agreement as, unlike the Immigration (EEA) Regulations 2006 (SI 2006/1003), the 2000 Regulations do not exclude the United Kingdom from its definition of an “EEA State”.

    Given the above, if someone with leave to remain that is subject to a public funds condition is part of a family unit which contains a British child, they should be able to claim child benefit under this exemption and the Home Office should not consider this as recourse to public funds pursuant to paragraph 6B of the Immigration rules.

  • sju
    sju Posts: 8 Forumite
    pls elobrate whats the confussion ?

    pls let me know can i claim child benefit and child tax credit ?

    thnx will apreciate

    been running from pillar to post

  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    edited 28 April 2015 at 2:37PM
    sju wrote: »
    Hi All
    I had my DLR 2.5 yrs last year in june and then my daughter got registered as british citizen in November same year
    now i wanted to ask if i can clam any sort of benefits on behalf of her

    No. You cannot claim any benefits at all until you are granted ILR (Indefinate Leave to Remain). The adult claims for the child and you have No Recourse to Public Funds. Many on forums have asked the same question.

    Instant access to UK benefits after being granted DLR (Discretionary Leave to Remain) because you don't have a visa to remain in the UK, was stopped in 2010. That was replaced by the visa you have, which means you can work full time in the UK without restriction, but you cannot have any UK benefits, even for your child. Your discrection to remain is a 10 year (4 x 2.5 years) to ILR. You will need to meet the requirements for discretion to stay, for each application.

    Just be aware that when you apply for your next 2.5 year discretion to remain, you (and any others in your family who you are appllying for and who aren't a UK citizen) must now pay £500 each towards your healthcare in the UK, in additon to the application fees. This new Immigration Health Surcharge started 6 April 2015 and was brought into law under the Immigration Act 2014. You will need to keep paying this IHS with every visa you apply for until granted ILR. Your UK citizen child has full access to the NHS without needing to pay.

    I assume you applied for discretion to stay through your child who has been in the UK for 7+ years and you don't have a visa? If you or any of your family have been in the UK illegally or overstayed a visa, then you will need to be aware of the 2014 Good Character rules, that are retrospective. Overstaying for more than 28 days/illegal entry to the UK, now carries a 10 year ban from UK citizenship.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.

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