UK Child Tax Credit

Hopefully I'm posting this in the right place. Hubby (UKC) wants to know if he can claim child tax credits for my daughter (USC) since she is living here with us. I told him I don't know. So...can he claim this without it affecting my daughter and myself? I don't want to do anything against the rules when it comes to any benefits...but I did tell him I would ask.

Yes, he can claim child tax credits for your daughter.

Sorry to disagree! No he cannot claim, but if the family income is low enough to mean that there is a potential claim, then the two of you can jointly make a Tax Credits claim.

In respect of a couple living together, a Tax Credits claim must be made jointly. For just one of a couple to make a Tax Credits claim could amount to benefit fraud.

The joint claim for Tax Credits is not a problem in your circumstances. It would not infringe the "No recourse to Public Funds" restriction on your visa.

The income limit? Assuming there is just one child in your household, and do appreciate that the new UK tax year started today, the cut-off point for Tax Credits is now about £26000. But it is quite a bit more than that if there are more than one child in your household.

You mention Tax Credits, but what about Child Benefit? Is that already being claimed in respect of your daughter?

Sorry to disagree! No he cannot claim, but if the family income is low enough to mean that there is a potential claim, then the two of you can jointly make a Tax Credits claim.

In respect of a couple living together, a Tax Credits claim must be made jointly. For just one of a couple to make a Tax Credits claim could amount to benefit fraud.

The joint claim for Tax Credits is not a problem in your circumstances. It would not infringe the "No recourse to Public Funds" restriction on your visa.

The income limit? Assuming there is just one child in your household, and do appreciate that the new UK tax year started today, the cut-off point for Tax Credits is now about £26000. But it is quite a bit more than that if there are more than one child in your household.

You mention Tax Credits, but what about Child Benefit? Is that already being claimed in respect of your daughter?

So you disagree and agree too?

LMAO...no he doesn't claim anything for my daughter. Not sure if he's even going to do it now, as I think we're over the income limit. Thanks for the answers though 

The point I was making is that he solely cannot claim Tax Credits. Such a claim must be made jointly by the couple.

Clear now?

no he doesn't claim anything for my daughter. Not sure if he's even going to do it now, as I think we're over the income limit.

Whilst there is an income limit for Tax Credits, there is not currently an income limit for Child Benefit. Such benefit is claimed by just one person and in your circumstances, either of you can be the sole claimant. Submit the claim as soon as possible.

From April 2013 there will be an income limit for Child Benefit,  and that has been set at around the £60K level.

Whilst there is an income limit for Tax Credits, there is not currently an income limit for Child Benefit. Such benefit is claimed by just one person and in your circumstances, either of you can be the sole claimant. Submit the claim as soon as possible.

From April 2013 there will be an income limit for Child Benefit,  and that has been set at around the £60K level.

Ahhh, ok. Maybe I asked about the wrong thing initially and he meant the child benefit then. My fault. So this wont affect our "no recourse to public funds" then?
I appreciate your help.

Ahhh, ok. Maybe I asked about the wrong thing initially and he meant the child benefit then. My fault.

No, I believe you can claim both.

I think the point was that your husband should be claiming child benefit for your daughter anyway, regardless of whether you're claiming child tax credits as well.

The point JohnL was making is that your name must be on the child tax credits claim as well.... your husband can't claim them in his name only.

I don't believe that name being on it will affect your 'no recourse to public funds', it's just that you are legally required to have both your names on the child tax credits claims.

ksand24, it sounds like their family income is too high for a claim for Tax Credits. For tax year 2011-12 the income limit was £41500, whereas for 2012-13 it varies dependent upon how many children etc but for a family unit with just one child the income limit is "about £26000".

The Child Benefit? Either parent can be the claimant, even the spouse with the visa with the "No recourse to Public Funds" restriction. The reason for that is para 6B of the Immigration Rules, and regulations mentioned therein. Technically, for such a person, Child Benefit is not within the definition of Public Funds.

Yeah, we're over the income limit now for the child tax credit...but I will get the child benefit sorted out this week. Thanks for clearing it all up for me guys!

It is always better for the non-American spouse or partner to claim the child benefit because it is taxable to a US person.

Great thread guys. I am moving to the UK with my wife and son. Can someone explain what the Child benefit thing is? We wouldn't qualify for the Tax credit based on those income caps, so looks like our situation is the same that we would only qualify for the Child benefit thing. What is this, a deduction, a monthly deposit from the government. Sorry, haven't moved to the UK yet, but trying to do my research. Thanks!

Great thread guys. I am moving to the UK with my wife and son. Can someone explain what the Child benefit thing is? We wouldn't qualify for the Tax credit based on those income caps, so looks like our situation is the same that we would only qualify for the Child benefit thing. What is this, a deduction, a monthly deposit from the government. Sorry, haven't moved to the UK yet, but trying to do my research. Thanks!

Ours is direct deposited into our checking account every 4 weeks 

Great thread guys. I am moving to the UK with my wife and son. Can someone explain what the Child benefit thing is? We wouldn't qualify for the Tax credit based on those income caps, so looks like our situation is the same that we would only qualify for the Child benefit thing. What is this, a deduction, a monthly deposit from the government. Sorry, haven't moved to the UK yet, but trying to do my research. Thanks!

Here's what I found after a quick google http://www.hmrc.gov.uk/childbenefit/start/claiming/index.htm