Tax credits when living abroad

karenj

So I am not hard working but classed as a 'scrounger' just because I get tax credits? As I have said, I work in the UK and pay my tax and NI in the UK but live in Spain. If I lived in the UK and was eligible for tax credits, would all you posters be so cynical? Is it the fact that I DON"T live in the UK but in an EU country getting your goats up?? I am still entitled whatever if I don't earn mega money like obviously all you posters do........

TCTM09375 - Decision Making, Joint or Single claims, Couples where only one partner is in the UK: Cross border workers and how EU Law affects joint claims
The following examples show how a couple who live in one European Economic Area (EEA) Member State or Switzerland and work in the UK should claim tax credits, either singly or jointly, dependant on differing circumstances.

Cross border worker - Only one partner working in UK
A couple, both EEA nationals, live together in the Republic of Ireland with their children. One partner does not work, the other works in Northern Ireland returning to their home in the Republic of Ireland every night. The worker is a national of one member state, the Republic of Ireland, but works in another member state, the United Kingdom (UK). In this example WTC and CTC will be treated differently.

WTC - Under Article 7 of Council Regulation 1612/68 they are entitled to claim WTC as they are entitled to the same social advantages as UK national workers. They are treated as being present and ordinarily resident in the UK because they are exercising in the UK their free movement rights as a worker under Council Regulation (EEC) 1612/68, but the partner who doesn’t work in the UK is not exercising that right and so is not treated as present and ordinarily resident in the UK meaning the UK worker must a single claim to WTC.

CTC - Under EU law, the worker is entitled to UK family benefits (CTC and ChB) for their family members living in the Republic of Ireland as if they were living in the UK. That means we must treat their family members, partner and children, as if they lived in the UK, so they must make a joint CTC claim.

Are we clear now?

Icequeen99

karenj wrote: »

So I am not hard working but classed as a 'scrounger' just because I get tax credits? As I have said, I work in the UK and pay my tax and NI in the UK but live in Spain. If I lived in the UK and was eligible for tax credits, would all you posters be so cynical? Is it the fact that I DON"T live in the UK but in an EU country getting your goats up?? I am still entitled whatever if I don't earn mega money like obviously all you posters do........

TCTM09375 - Decision Making, Joint or Single claims, Couples where only one partner is in the UK: Cross border workers and how EU Law affects joint claims
The following examples show how a couple who live in one European Economic Area (EEA) Member State or Switzerland and work in the UK should claim tax credits, either singly or jointly, dependant on differing circumstances.

Cross border worker - Only one partner working in UK
A couple, both EEA nationals, live together in the Republic of Ireland with their children. One partner does not work, the other works in Northern Ireland returning to their home in the Republic of Ireland every night. The worker is a national of one member state, the Republic of Ireland, but works in another member state, the United Kingdom (UK). In this example WTC and CTC will be treated differently.

WTC - Under Article 7 of Council Regulation 1612/68 they are entitled to claim WTC as they are entitled to the same social advantages as UK national workers. They are treated as being present and ordinarily resident in the UK because they are exercising in the UK their free movement rights as a worker under Council Regulation (EEC) 1612/68, but the partner who doesn’t work in the UK is not exercising that right and so is not treated as present and ordinarily resident in the UK meaning the UK worker must a single claim to WTC.

CTC - Under EU law, the worker is entitled to UK family benefits (CTC and ChB) for their family members living in the Republic of Ireland as if they were living in the UK. That means we must treat their family members, partner and children, as if they lived in the UK, so they must make a joint CTC claim.

Are we clear now?

I think what is strange about your situation is that it isn't a case of living in ROI and driving each day into NI to work and then back again each night.

What I struggle to get my head around is how you can work here and live in Spain at the same time other than working here some days of a week and then going back to Spain for the other few days. Which would be fine within the rules.

What would be a problem though is if you were working here for say 6 weeks and then in spain for a period of time and so on. That wouldn't be anything to do with the EU rules or where you live, it would simply be a problem from a remunerative work requirement. As a general rule you can't average hours for WTC unless you have a very specific pattern.

IQ

karenj

Yes I do have a specific pattern. I work 3 or 4 weeks in the UK (continuous not the odd day here or there) then I go back to Spain for 2 or 3 weeks depending on the shift pattern with the other carer. This is why I am classed as a cross border worker.

Is it really that difficult to understand????

bottleandahalf

Hi
I am resident in N. Ireland and thinking of taking up employment in Republic of Ireland. I have one child and am single.
Will I be able and is it a complicated process to claim WTC and CTC?
Thanks

Darksparkle

bottleandahalf wrote: »

Hi
I am resident in N. Ireland and thinking of taking up employment in Republic of Ireland. I have one child and am single.
Will I be able and is it a complicated process to claim WTC and CTC?
Thanks

https://www.gov.uk/tax-credits-if-moving-country-or-travelling/crossborder-workers

NYM

bottleandahalf wrote: »

Hi
I am resident in N. Ireland and thinking of taking up employment in Republic of Ireland. I have one child and am single.
Will I be able and is it a complicated process to claim WTC and CTC?
Thanks

It does seem complicated and according to this Cross Border Workers you'll need to contact HMRC to confirm your exact circumstances.