Hi All,
I am working with a British overseas passport holder who arrived in the UK following the July evacuation in Lebanon this year. She fled into the UK with her 3 sons who are Lebanese passport holders and is currently housed temporarily in line with emergency legislation brought in in response to the Lebanese crisis. However, she has been refused Child Benefit for her 10 y.o son. I am yet to see the letter of refusal from CHild Benefit Office but I am writing this in anticipation to hear the view of others on this issue.
My understanding is that emergency legislation, which came into force on 25th July 06, was to ensure that British evacuee and their families have access to public funds at least until 31 January 2006.

My question is: Do these amendment regulations not enable these evacuees to be treated as present and ordinarily resident for the purpose of Chilb Benefit?
Hoping that the refusal of Child Benefit on this case is an error, I am waiting for your view, please.

Francis Ngale

As far as I'm aware the emergency legislation didn't extend to benefits administered by HMR&C....well I know it didn't originally and Im not aware of any changes since.

I submitted an appeal on 1.11.06 on of the refusal of CB because of immigration restrictions. Client has asked for a review which was refused. I asked that they clarify which restriction the decision referred to, as my client was a British citizen evacuated on 21.7.06, with no restriction as to Public Funds. I attached the Home Office advice to Housing authorities, that they were exempt from the requirement to show habitual residence.

The following day I had a response that they agreed to award Child Benefit from the date of claim 28.7.06.

Has there been a few successful appeals just before then, as I was surprised at how quickly this was dealt with.

Hi Patricia,
My client refused Child Benefit too, but HM Customs & Revenues later agreed to review the decision. I think that they had initially decided to refuse these claims because the emergency legislation only covered benefits to which, RTR applies and hence they were not "entitled" to CB. However, in essence no further legislation was required to enable British Evacuees from Lebanon to access Child Benefit because there is no HRT test but a Presence and residence test. So, I think they had a wrong interpretation to the whole situation and my understanding is that all British evacuees satisfying the presence and residence test should get CB.

Regards,

Francis Ngale