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Top Working Tax Credit & Child Tax Credit topic #1343

Subject: "working Tax Credit and Child tax Credit" First topic | Last topic
Amriaz_L
                              

Derby Advice, Derby City Council
Member since
21st Jul 2004

working Tax Credit and Child tax Credit
Fri 07-Oct-05 03:50 PM


claiming above as couple - if one of the couple is british citizen or a person with leave to remain and has recourse to public funds.
the other person ie woman is from abroad and has immigration status stating no recourse to public funds as well as the children.

1/ can the above claim WTC and CTC as a family?

2/ Would it be more appropriate to say that WTC can be claimed by the British citizen who is working and would claim ( do not put children on claim as will kick in CTC).

3/ As Child benefit can be claimed by the british parent who has responsibilty for the children would u say that CTC can be claimed, i n the same manner as and CTC is usually paid if child benefit is in payment.


overall do u think claiming above by the british parent would jepodise
the other parent, and childrens immigration status when asking for indefinate leave to remain from the home office?

  

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Derek
                              

CAB Adviser, Esher CAB
Member since
09th Mar 2004

RE: working Tax Credit and Child tax Credit
Fri 07-Oct-05 04:39 PM

There have been other threads on this, but I don't have the cross-references.
You need to look at the Tax Credit Immigration Regs. 2003 (SI 653) available via the Toolkit. If one of your couple is a British citizen then Reg. 3(2) should apply and they can claim CTC & WTC as a couple with no risk to the one who is subject to the "no recourse" rule. If one of the couple is a person with leave to remain (rather than a British citizen) you may need to consider the other elements of the Regs. but will probably find that they also can apply as a couple.
Both claimants need an NI number - getting this for the one with "no recourse" may cause problems and delay things.

  

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Top Working Tax Credit & Child Tax Credit topic #1343First topic | Last topic