Post
by John » Sat Oct 21, 2006 2:14 pm
OK, your wife's time-limited visa with the "No recourse to Public Funds" restriction means she cannot claim Child Benefit. But there is nothing to stop you claiming it. The fact that the children also have restricted visas is irrelevant ..... they are not going to be claiming Child Benefit .... you are!
Tax Credits? A bit more technical, but again no problem you and your wife jointly claiming Tax Credits. Some "small print" in the Tax Credits legislation, namely reg. 3(2), Tax Credits (Immigration) Regulations 2003 says that where one of a couple is a person not subject to immigration control ... you ... and the other one is subject to immigration control ... your wife .... then for Tax Credits purposes only both of you are treated as not be subject to immigration control ... and thus a claim for Tax Credits is totally OK. This is backed up by para 6B of the Immigration Rules.
And yes, in respect of a couple living together, a Tax Credits claim needs to be made jointly by the couple. Just you claiming Tax Credits solely would be wrong in law.
But Child Benefit is a one-person-only claimant benefit, and you (and not your wife) needs to be the Child Benefit claimant.
John
