Thu 10-Jan-08 01:40 PM by ken

The claimant is a Polish national who has completed 12months registered work. She claimed CB and CTC for her kids who were living in Poland with their dad to whom she is still married. Husband and wife are only apart so that she can work in the UK. She was awarded Child Benefit but there have been problems with CTC. The latest they have come up with is that they will need to make a joint claim for CTC ad are trying to get hubby to apply for a NINO.

I can't see how they have come to this:TCA s3(a)needs a couple to both be in the UK to make a couple claim. Article 73 of EEC 1408/71 allows family members who a claim is made in respect of to be treated as residing in the UK but the husband isn't the person who the claim for CTC is being made "in respect of", just the kids.

Has anyone come accross them doing this before?