Child Benefit Eligibility - returning to UK

theclockticksslowly

I've just received notification that I cannot be awarded CB for my two year old daughter because "I am subject to immigration rules and have not started working". Before I contact CB to ask them to clarify this, I'd be very grateful for any advice and insight from anyone with more knowledge than me on this.

Background (I'll try to keep this short!):

I am a UK citizen from birth. I moved to Canada in 2012 with my husband. Our daughter was born in 2013. My husband passed away at the end of 2013. I remained in Canada to sort things out/get my head together. I claimed and was awarded Widowed Parents Allowance and had been receiving that whilst in Canada. (My daughter/I also received Canada's version of Child Benefits).

All my family are in the UK so I decided to return here to live permanently two months ago. I am currently living with family.

I notified the relevant WPA department of my return to the UK and was informed that they could not continue to pay WPA until my daughter/I received Child Benefit so to apply for that and let them know when granted.

I applied for CB in december and have received the notification letter today. I'm confused by the 'subject to immigration rules' - am I?

Reading the guidance notes again, it says I should not be subject to the 3 month rule (if this is what the 'immigration rules' is referring to) because I am a family member of a person who is working in the UK (am living with them as well).

I'll write back to them today asking for more information and for them to look at their decision again (assume can do this in the same letter - as the mandatory reconsideration has to be made within one month of the notification letter). But any insight would be helpful while I wait. I just can't understand why WPA can't be paid until CB is - if they can pay it while I'm not in the country why can't they pay it when I am?

Thanks!

tea-bag

Is your daughter duel nationally? If not this might be the issue. As well as you need to pass the habitual residence test.

Darksparkle

http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM10025.htm

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF

Family member for this purpose means:

Family member" means:
(a) the spouse;
(b) the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;
(c) the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point (b);
(d) the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b);

theclockticksslowly

Thank you for the replies.

Yes, she does have dual nationality (included her UK passport with the application).

Ahh, so might be that the family member is my brother then.

Is there a link to the test? Guidance? I shall google!

Will she/I be eligible after 3 months? I just wish they'd give more information in the notification letter! I guess I'll still write asking for an explanation and whether I need to reapply once we've been here 3 months if that's the case.

Darksparkle

theclockticksslowly wrote: »

Thank you for the replies.

Yes, she does have dual nationality (included her UK passport with the application).

Ahh, so might be that the family member is my brother then.

Is there a link to the test? Guidance? I shall google!

Will she/I be eligible after 3 months? I just wish they'd give more information in the notification letter! I guess I'll still write asking for an explanation and whether I need to reapply once we've been here 3 months if that's the case.

The criteria for applying within 3 months is in the link I posted.

If you don't meet the criteria there then you can claim after 3 months

theclockticksslowly

Thank you for your help!

xylophone

Is your daughter duel nationally?

Pistols at dawn?