Here's a really easy question for people to warm up with, frankly I'm embarassed to have to ask it.

Can an employed (14 hours a week) A8 national who has been here less than a year get Child Tax Credit. Also will she still be able to get it if she stops work after she has her baby.

I know I should know but everytime I read my training notes or the regulations I'm just get more confused.

Hi Chris,

I think it goes like this. To get CTC or CB you must pass the presence test, and you can't be present if you do not have the right to reside. There are no exempted groups from this requirement.

Assuming (i) the person is not in any event assisted by any of the special provisions for those here pre May 2004 etc, and (ii) they are properly signed up in the worker registration scheme, then they are treated as having the right to reside, and can claim in the normal way, even though they have not served 52 weeks.

I am less sure what happens when she stops work due to baby. Will she have done a year by then? If yes, they will have right to reside, and can claim benefits (eg IS etc as a person who would be untroubled by the HRT test because of worker status).

Hope that is right!

Steve