Hi,

I have a Portuguese client, married to her Portuguese husband with three children, two of whom live in Portugal with relatives. Both have been in the UK for several years and both were working before ill health forced him out of work and onto Incapacity Benefit. She then gave up work to claim CA for looking after him.

She wants to claim Child Benefit for the two children in Portugal but has apparently been turned down. I am waiting to see her later this week and hope to see some paperwork to that effect.

However, I have A8 Nationals who can claim CHB for kids in their birth country, provided they are on the Workers Registration Scheme and comply with the other criteria, so i believe my Portuguese client may be able to as well. Does the fact that they are both not working have an impact on their right to CHB?

This may help-

http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM10000.htm

Thanks Mick. I'd read through that and taken advice from a consultancy line but still don't have an exact answer. Further enquiries to the CHB office have resulted in me being told that only workers or those in receipt of Contribution based benefits can get the CHB. My client is on I.S due to incapacity so credits only. I've been told this means he wont qualify as he needs to have paid into the system to get the CHB for the daughters in Portugal.

I'm still looking into this tho, I wonder what would happen if one of the girls moved to the UK, would he then still not be entitled?

Very confused and still after a clever bod to show me the light!!