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Topic: Child benefit?  (Read 431 times)

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Child benefit?
« on: October 17, 2017, 03:39:39 PM »
Hi. So I was wondering if being a British citizen and my children also have their uk passports. (My husband just got his first uk  spouse visa in July) if we would be able to claim child benefit? If it's under my name and the kids?

As far as I am aware my husband is unable to claim any government assistance. But is that the sky for myself and my kids.

My main question is, if I claim child benefit (that everyone is entitled to) would that negatively affect my husbands application when he needs to reapply for his second visa in 2.5 years?

Any advice?
USA - UK

Initial Spouse visa approved 1st July 2017
Arrived in UK 3rd July 2017

Next visa approved 28th January 2020

ILR (5 year route) applied 9th June 2022 (Super priority)
Biometrics booked 6th July 2022


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Re: Child benefit?
« Reply #1 on: October 17, 2017, 03:48:36 PM »
You can claim child benefit.

But if your husband makes more than £50k a year, you won't qualify.


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Re: Child benefit?
« Reply #2 on: October 17, 2017, 03:52:59 PM »
Oh. So it won't count against him when we come to apply next time?

Thank you. I thought I read something on here that no one in the family could apply as it could work against him.

This is good news.
USA - UK

Initial Spouse visa approved 1st July 2017
Arrived in UK 3rd July 2017

Next visa approved 28th January 2020

ILR (5 year route) applied 9th June 2022 (Super priority)
Biometrics booked 6th July 2022


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Re: Child benefit?
« Reply #3 on: October 17, 2017, 03:53:59 PM »
So long as you apply for UKC kids, it's 100% a non-issue.


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Re: Child benefit?
« Reply #4 on: October 17, 2017, 04:03:37 PM »
Sorry what is UKC kids? Is that a separate form?
USA - UK

Initial Spouse visa approved 1st July 2017
Arrived in UK 3rd July 2017

Next visa approved 28th January 2020

ILR (5 year route) applied 9th June 2022 (Super priority)
Biometrics booked 6th July 2022


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Re: Child benefit?
« Reply #5 on: October 17, 2017, 04:09:56 PM »
So long as you apply for UKC kids, it's 100% a non-issue.

It doesn't have to be UK kids only. The adult claming is the one who has to have recourse to public funds. If they can claim UK benefits then they can claim Child Benefit for all the children in their househoild, even if their non-British children live in another EEA country.

Make sure you claim is in your name only Leanne and not in your husband's name as he can't claim this benefit (unless he has worked in one of the countries that has a reciprocal agreement with the UK). They will ask about your husband's salary though because of that benefit's cap. Make sure you keep them up to date if one of you earns over 50k.

You can read more here on how that cap works and how it is one of the benefits that gives a credit towards a UK state pension for a limited time, if you aren't working/not working enough to pay your NICs.
https://www.gov.uk/child-benefit

Income based welfare payments like Child Benefit, have a 3 month wait from when you arrived in the UK from the US.
« Last Edit: October 18, 2017, 09:19:28 AM by Sirius »


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Re: Child benefit?
« Reply #6 on: October 19, 2017, 04:51:49 PM »
The only form I can find asks about my partners name etc, but doesn't mention income.

I wonder if I have the wrong form?

I'm a little nervous about them putting it in my husbands name too.

Thanks for your feedback though. It's all so confusing and I'm terrified to impact him negatively.

This is the form I'm using https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/614370/CH2_Child_Benefit_claim_form_internet_05_17.pdf



USA - UK

Initial Spouse visa approved 1st July 2017
Arrived in UK 3rd July 2017

Next visa approved 28th January 2020

ILR (5 year route) applied 9th June 2022 (Super priority)
Biometrics booked 6th July 2022


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Re: Child benefit?
« Reply #7 on: October 19, 2017, 05:19:05 PM »
The only form I can find asks about my partners name etc, but doesn't mention income.

I just had a quick read of your link and that seems to be question 68 on page 7, where is also says "Read page 5 of the CH2 Notes.". It's  doesn't seem to ask what he earns, just if he earns over the cap and then other relevant questions for that cap.

The UK brought in the RTI (Real Time Information) system for HMRC in the tax year 2013/4 so they will know if he or you earn more than 50K in a tax year as they can see each time you and your husband are paid.

If either of you earn more than the cap, then you have to submit a SA on time to HMRC. If the SA isn't in on time, HMRC will fine them as they can see that person earned more than the cap.

I'm a little nervous about them putting it in my husbands name too.

Thanks for your feedback though. It's all so confusing and I'm terrified to impact him negatively.

As long as the claim in your name only as you are allowed to claim, it won't be a breach of his visa. You can see why they need his details as he forms part of that 50k cap for your family, but the claim is only in your name.



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