Child Benifit effecting ILR

[insearchofhelp]

Hello,

First of all thank you in advance for your great help. I've read many threads on here regards CB and more confused, so please forgive me for panicing and repeating of the same question..

I am a british citizen married on a setlement visa with my Thai wife and her child which she bought over from Thailand (not my son). We are going for our indefinite leave to remain in May 2013. I am now very worried now as I read the form like many others on section 8.6 regards receiving CB. I only have been been claiming CB for her son, this was approved by the HMRC when I questiond them if it was ok to do. But not sure if I've made a big mistake and what to put down now on the form? I read on your threads I should leave both yes and No blank on 8.6 to receiving any "public Funds", yet on another thread says the form would be incomplete and invalid if I left both boxes blank. I read from John your Moderator that I don't need to say I'm claiming CB for which I've done for almost a year now. Can you please advise and help me what is correct?. Should I get back in touch with HMRC and return the money, I can't loose my wife if I get things wrong and been claiming when I shouldn't have?

I'm VERY worried and totally confused now as to what to do...

Kind regards

[John]

Absolutely no need to return the money.

You are right, this has come up many times before. The problem is that the form SET(M) is badly designed and does not cope well with the legislation in force.

The comment is ..... answer the Public Funds question "Yes" ... tick the relevant benefits in the sponsor's column, and leave unticked in the applicant's column.

[insearchofhelp]

Hello John,

Thank you for the prompt reply back I feel a little more at ease.. Please can you tell me one last thing as I know you heard this a million times or more, sorry... So as the law stands with the Boarder Agency's comments that "No public Funds" should be used, I keep thinking that I've gained public funds out of my Child benifit for her son therefore broken their golden rule of no public funds allowed.

Im so sorry to have pestered you with this but am Internally grateful for you kind response and your very helpful site for idiots like me who just don't fully understand the law (especially layed down by UK Boarder)

Kind regards
Roy

[John]

If only the legislation was simple! The fact is, for you, Child Benefit is not within the definition of Public Funds.

[insearchofhelp]

Hello John,

You can see my total confusion about this (SetM) form, and the statement shouted out to us when we got our settlement visa by the woman on the desk saying we both couldn't claim any public funds. As you have kindly advised me I should say "yes" to "Are you or your partner receiving any public funds" and tick the box to child benifit as the partner only as I'm claiming for her son since they came over on their settlement Visa. I don't understand the logic if I am ticking these boxes, I'm surly admitting I'm claiming public funds from the tax system, true or false? (the child is getting public funds? God what a nightmare this is for me to understand..
D you think it also might be advisable to even stop my child benifit as we are both now work, (although she doesn't earn that much) Don't know if this would make any difference or not to the situation

Questions, questions...don't you just love it..sorry once more John.
Regards again Roy

[John]

As I said the form is badly designed, and does not cope with the legislation in force.

I cannot add to the comment I have already made, except to say that method has caused no problem for others.