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Topic: Tax Free Childcare Credit while on FLR(M)  (Read 353 times)

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Tax Free Childcare Credit while on FLR(M)
« on: November 17, 2018, 10:28:12 PM »
So I'm looking at returning to work from maternity leave early next year, and currently suffering the sticker shock that comes from childcare costs. :o

We've been looking at voucher schemes as well as the government tax rebate scheme... I can't apply for Tax Free Credit myself because I'm on an FLR(M) spouse visa and my BRP says I have no recourse to public funds. However, I think my husband could apply.

I suspect that I know what the answer is, but I am wondering if him receiving TFC would be seen by the Home Office as an illegal move that would interfere with my ILR application.

Has anyone been down this road and found out if TFC is legal for a family on a spouse visa? I've seen childcare vouchers and Tax Free Credit mentioned on this board a few times but didn't see an answer to this question - apologies if it's already been asked.


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Re: Tax Free Childcare Credit while on FLR(M)
« Reply #1 on: November 18, 2018, 02:30:48 AM »
It is not a public fund.   :). And you should definitely take advantage if you qualify.

https://www.gov.uk/government/publications/public-funds--2/public-funds


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Re: Tax Free Childcare Credit while on FLR(M)
« Reply #2 on: November 18, 2018, 11:36:16 AM »
You have the name of a benefit in the title too, Tax Credits. Tax Free Childcare is not for those who are claiming Tax Credits or it's replacement benefit Universal Credit.

"If you get tax credits, Universal Credit or childcare vouchers

You cannot get Tax-Free Childcare at the same time as claiming Working Tax Credit, Child Tax Credit, Universal Credit or childcare vouchers.

Which scheme you’re better off with depends on your situation. Use the childcare calculator to work out which type of support is best for you.
When support will stop

If you successfully apply for Tax-Free Childcare:

    Working Tax Credit or Child Tax Credit stops straight away
    childcare vouchers can continue for up to 90 days

You should apply for Tax-Free Childcare before cancelling your Universal Credit claim."
https://www.gov.uk/tax-free-childcare?step-by-step-nav=d78aeaf6-1747-4d72-9619-f16efb4dd89d


"Check what help you could get with childcare costs" calculator.
https://www.gov.uk/childcare-calculator


"Public funds
This guidance is based on the Immigration Rules."
"Published for Home Office staff on: 22 April 2016"

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/518624/Public_funds_v13.0.pdf




« Last Edit: November 18, 2018, 12:03:49 PM by Sirius »


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Re: Tax Free Childcare Credit while on FLR(M)
« Reply #3 on: November 18, 2018, 08:49:14 PM »
Thanks for all the info!
Obviously I'm still wrapping my head around all of this...

The calculator actually points me toward Tax Credits rather than Tax Free Childcare but that's a benefit I can't access on FLR(M), right?


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Re: Tax Free Childcare Credit while on FLR(M)
« Reply #4 on: November 19, 2018, 02:30:52 PM »


The calculator actually points me toward Tax Credits rather than Tax Free Childcare but that's a benefit I can't access on FLR(M), right?


Your British spouse can claim Tax Credits; despite the name, it is a benefit and nothing to do with taxes. BUT it is the income based benefit that MUST be in both names. He can't claim he is single when he is not as that is benefit fraud. It won't affect your visa even though it is a public fund because you are allowed this via your British husband as you have a child. Check this yourself with the Home Office Staff guidance on Public Funds because it is your visa and we are just strangers on the internet.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/518624/Public_funds_v13.0.pdf

You working might mean you are then better off with something else for your childcare help;  have a play with the calculator using different income figures.

That said, calulators only work on present rules. Tax Credits are ending and being replaced by a one benefit called Universal Credit. Every area will be a "full service" UC area by the end of next month for new claims. Those already claiming and those with more than two children, will be moved over from next year and some will end up moving themselves over when they trigger a change.  Your area might not be a full service area yet and that is why it said Tax Credits, or your husband might already be claiming one of the benefits that are being replaced by Universal Credit.
https://www.gov.uk/universal-credit

You can put your postcode in here to find out when your area will go over to Universal Credit
https://ucpostcode.entitledto.co.uk/ucdate

He can also claim Child Benefit. This benefit MUST be in your British husband's name only; it is a Public Fund and will be a breach of your visa conditions if you claim this in your name. You can't claim this in your name until you have ILR.
https://www.gov.uk/child-benefit
« Last Edit: November 19, 2018, 03:02:55 PM by Sirius »


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