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Top Other benefit issues topic #2054

Subject: "Client with Humanitarian Protection and Child Trust Fund" First topic | Last topic
chrisduran
                              

Into-work facilitator, London Borough of Newham, Social Regeneration Unit
Member since
10th Mar 2004

Client with Humanitarian Protection and Child Trust Fund
Mon 26-Jun-06 04:28 PM

Does anyone know if a client who has Humanitarian Protection can get this? I know they can get I.S., they already get Child Benefit, and I would have thought they could get this too but HMRC say no cause they don't have Indefinate Leave

Are they subject to Immigration control at all?

Can anyone quote me a regulation to refer to?

  

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keith venables
                              

welfare rights caseworker, leicester law centre
Member since
22nd Jan 2004

RE: Client with Humanitarian Protection and Child Trust Fund
Tue 27-Jun-06 07:46 AM

They may well be right. The relevant legislation is S5(5) of the Child Trust Fund Act 2004 here:

http://www.opsi.gov.uk/acts/acts2004/20040006.htm#2

Child with HP would appear to be caught by all 3 of the three categories in S5(5) and therefore would not be an eligible child. I don't think they'd have right of abode, and presumably aren't family members of an EEA national (or they wouldn't need HP). "Settled" status in S5(5)(c) is effectively the same as ILR, which is probably where HMRC are coming from.

They wouldn't be subject to imm control in the way we normally think of it (S115 of the Asylum and Immigration Act 1999) but that isn't the test for Child Trust Funds.

It might be worth having a look at the Child Trust Fund Regulations 2004 (SI 1450/2004) - I couldn't see anything there to modify the rule in S5, but I only had a quick look.

  

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Top Other benefit issues topic #2054First topic | Last topic