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Top Working Tax Credit & Child Tax Credit topic #3520

Subject: "Ukraine national and CTC, CHB, etc" First topic | Last topic
johnwilson
                              

Benefits and Appeals, Dumfries and Galloway Citizens Advice Service
Member since
06th Feb 2008

Ukraine national and CTC, CHB, etc
Wed 08-Apr-09 01:26 PM

We have a Ukrainian national who has been here 4 years on a work permit, working as a nursing assistant/carer. She has been receiving Child Tax Credit and Child Benefit for 2 years. she is now extremely worried because she has been advised (don't know who) that she cannot claim theses benefits because her passport is annotated "no recourse to public funds".

Can anyone offer advice on the correct position with non EU nationals and these child related benfits?

  

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Replies to this topic
RE: Ukraine national and CTC, CHB, etc, ariadne2, 08th Apr 2009, #1
RE: Ukraine national and CTC, CHB, etc, johnwilson, 09th Apr 2009, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Ukraine national and CTC, CHB, etc
Wed 08-Apr-09 08:44 PM

This advice is right - s 115 of the Immigaration and Asylum Act for child benefit and reg 3 of the Tax Credits (Immigration) Regulations for child tax credit. Both are worded identically and exclude from benefit anyone "subject to immigration control", which includes anyone who is not an EU citizend and who has leave to be in the UK on the basis of having no recourse to public funds.

  

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johnwilson
                              

Benefits and Appeals, Dumfries and Galloway Citizens Advice Service
Member since
06th Feb 2008

RE: Ukraine national and CTC, CHB, etc
Thu 09-Apr-09 08:22 AM

Thank you Ariadne.
I think I'll advise her to quietly withdraw her claims and say nothing.
Hopefully that will be the end of the matter.

  

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Top Working Tax Credit & Child Tax Credit topic #3520First topic | Last topic