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?
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.