Child Tax Credit

HMRC are not immigration experts and they will not know. There have been lots of posts where a visa has been refused because they took Child Benefit, or they had to quickly repay all the benefit money when they realised they should not have taken this benefit to get another visa. Usually this is because they were told about Child Benefit at the hospital after the birth and thought they couild claim this benefit too, even though it is a Public Fund. 

Child Benefit is remaining with HMRC because it is easy for them to check the earnings of a parent as this benefit has an earning cap. They can also check if the parent has completed an SA form, even if they are PAYE; issue fines if they had not; check their RTI system. They do run sweeps for the DWP and UKVI.

The Tax Credit benefits that HMRC deal with for existing claimants, are two of the low income benefits being replaced by Universal Credit and the DWP will handle all UC claims (instead of HMRC and all the councils in the country).

Thank you, we have not applied for anything. On the form it says you can apply and not receive the payment, we might use this option, as Child Maintenance is saying this is the evidence they need to prove we have the children registered to us.

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Will the CSA take your child's NHS or school records?


My child is a person subject to immigration control
https://www.turn2us.org.uk/Benefit-guides/Nationals-of-non-European-Economic-Area-(EEA)-coun/My-child-is-a-person-subject-to-immigration-contro

I have uploaded their NHS registration document and waiting on the school to send the letter. I also wrote a letter stating that our husband is responsible as he is our sponsor. I hope this works but I am not sure what else to do, without applying to child benefits.

They are not takin any calls because of Covid-19, we can't even get to speak to a case worker. So we are flying blind. Everytime we call they direct us to the website.

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On the form it says you can apply and not receive the payment, we might use this option, as Child Maintenance is saying this is the evidence they need to prove we have the children registered to us.

Isn't that for those where one parent earns too much for Child Benefit and the other parent doesn't work, but wants the NI Credit that Child Benefit gives for a child under 12 for the non-working parent, as that counts towards their UK state pension? That NI credit is still a benefit and I'm not sure if you can claim for a NRPF child. As the benefit site states in the link above,  you should take abvice on what your husband can claim for the NRPF children.

What did the CSA use to find that your husband has one child in his household?

Isn't that for those where one parent earns too much for Child Benefit and the other parent doesn't work, but wants the NI Credit that Child Benefit gives for a child under 12, for the non-working parent as that counts towards a state pension? That NI credit is still a benefit and I'm not sure if you can claim for a NRPF child. You need to take advice on that.

What did the CSA use to find that your husband has one child in his household?

I am not sure they did not say, but it might be the 30hrs that she use to receive for pre school. Thats the only extra form we have filled out for her.

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I am not sure they did not say, but it might be the 30hrs that she use to receive for pre school. Thats the only extra form we have filled out for her.

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There will be plenty of people who are paying via the CSA and who don't claim CB or UC as they earn too much. There must be other things the CSA can use.

I have no idea about free childcare for those subject to immigration control.

I have no idea about free childcare for those subject to immigration control.

She is in Reception now, so they might have pulled her data from when we applied last year as well, But we honest have no idea where they get the data from, and when we send over data they said they would confirm our story with the ex. Who told them he doesn't take care of my son, but I clearly wrote a letter to state he sponsored our visas and financially obligated to take care of us. I can't believe they would take someone word over ours with no evidence to confirm or deny.

Hopefully what we sent is sufficient.

Can I ask another random question then. Can my husband apply for working tax credit, he has ILR and just approved for British Citizenship. He's trying to in essence register himself in the system.

This is all just so silly to us. We don't use any of the benefits system, even when he was furloughed and now its like a negative against us. As they can't find us or we are not registered.

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The parent subject to immigration control cannot claim Child Benefit.  My health visitors all told me to claim so I’d get NI credit towards retirement but luckily I knew better than to follow their advice.

You also can’t take the 30 hours childcare if one of you is subject to immigration control.  Everyone is allowed the 15 hours but the extra 15 hours is a public fund.

The parent subject to immigration control cannot claim Child Benefit.  My health visitors all told me to claim so I’d get NI credit towards retirement but luckily I knew better than to follow their advice.

You also can’t take the 30 hours childcare if one of you is subject to immigration control.  Everyone is allowed the 15 hours but the extra 15 hours is a public fund.

We haven't claimed or knowingly applied for any benefit especially the Child Benefit.

The school told us to apply for the 30hrs, but this was done by my husband not me. He has no immigration control. I wasn't too sure of this but they said we should and he did. We might of screwed up on this.

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There must be lots of forums for parents with CSA payments and they will know what your husband can provide to show he has two children in his household now, to reduce his maintanance payments for his other children. Just don't go onto a forum where the parents with care, are having their childrens payments reduced because the father now has other children, for obvious reasons.

Can I ask another random question then. Can my husband apply for working tax credit, he has ILR and just approved for British Citizenship. He's trying to in essence register himself in the system.

Those who hold a valid ILR in the UK, can apply for low income benefits, but not for Tax Credits because as Kate has said, that benefit has been replaced by Universal Credit for new claimants. UC replaces the exsiting benefits called
-  Child Tax Credit
-  Housing Benefit
 -  Income Support
-    income-based Jobseeker’s Allowance (JSA)
-    income-related Employment and Support Allowance (ESA)
-    Working Tax Credit

Exisiting claimants of the benefits above, will, in due course, have their benefits stopped if they are of working age and they will apply for Universal Credit. Or they can apply for UC without waiting, if they will be better off being on UC. Or they might do something that triggers a move to UC, even if they didn't want to. Some who could not claim low income benefits, can now claim UC. Others that could claim the Tax Credit benefits, cannot claim Universal Credit.

Any UC claim would have to be a joint claim, even though you are NRPF, as your earnings and capital will reduce his benefit money, but he now can't claim extra money for you, as the Working Tax Credit benefit allowed.

However, it's the NRPF children we are not sure about claiming Public funds for. Have a read of the two link I gave above, here they are again-
https://www.turn2us.org.uk/Benefit-guides/Nationals-of-non-European-Economic-Area-(EEA)-coun/My-child-is-a-person-subject-to-immigration-contro
https://www.citizensadvice.org.uk/immigration/benefits-services-and-your-immigration-status/are-you-subject-to-immigration-control/

There is a two child limit for the low income benefits Child Tax Credits and the replacement low income benefit Universal Credit, but as his ex appears to be the main carer, rather unfairly, that two child limit will only apply to her. There is no limit for the number of children childcare can be claimed for via Universal Credit and Tax Credit, if both parents work, but I don't know how childcare claims work with NRPF spouse and NRPF children.

Child Benefit also has no limit for the number of children to claim for, but read the links about claiming for his NRPF children and whether that will affect their visas.

There must be lots of forums for parents with CSA payments and they will know what your husband can provide to show he has two children in his household now, to reduce his maintanance payments for his other children. Just don't go onto a forum where the parents with care, are having their childrens payments reduced because the father now has other children, for obvious reasons.


Those who hold a valid ILR in the UK, can apply for low income benefits, but not for Tax Credits because as Kate has said, that benefit has been replaced by Universal Credit for new claimants. UC replaces the exsiting benefits called
-  Child Tax Credit
-  Housing Benefit
 -  Income Support
-    income-based Jobseeker’s Allowance (JSA)
-    income-related Employment and Support Allowance (ESA)
-    Working Tax Credit

Exisiting claimants of the benefits above, will, in due course, have their benefits stopped if they are of working age and they will apply for Universal Credit. Or they can apply for UC without waiting, if they will be better off being on UC. Or they might do something that triggers a move to UC, even if they didn't want to. Some who could not claim low income benefits, can now claim UC. Others that could claim the Tax Credit benefits, cannot claim Universal Credit.

Any UC claim would have to be a joint claim, even though you are NRPF, as your earnings and capital will reduce his benefit money, but he now can't claim extra money for you, as the Working Tax Credit benefit allowed.

However, it's the NRPF children we are not sure about claiming Public funds for. Have a read of the two link I gave above, here they are again-
https://www.turn2us.org.uk/Benefit-guides/Nationals-of-non-European-Economic-Area-(EEA)-coun/My-child-is-a-person-subject-to-immigration-contro
https://www.citizensadvice.org.uk/immigration/benefits-services-and-your-immigration-status/are-you-subject-to-immigration-control/

There is a two child limit for the low income benefits Child Tax Credits and the replacement low income benefit Universal Credit, but as his ex appears to be the main carer, rather unfairly, that two child limit will only apply to her. There is no limit for the number of children childcare can be claimed for via Universal Credit and Tax Credit, if both parents work, but I don't know how childcare claims work with NRPF spouse and NRPF children.

Child Benefit also has no limit for the number of children to claim for, but read the links about claiming for his NRPF children and whether that will affect their visas.

Thank you so much, I did read the links but nothing is clear, just says it might affect your stay .

We went on the Justice for fathers forum, but the complaint on there is the same and endless. To be honest I didn't post my query I was just having a look through to see if I find anything.

We have been very cautious about applying for any benefits, as we know it affects me and the kids and out future stay.

Thanks again and we just wanted to have clarification, on what we have been told. Waiting for a response from CSA, as I uploaded other proof earlier but not sure its acceptable proof.

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We haven't claimed or knowingly applied for any benefit especially the Child Benefit.

The school told us to apply for the 30hrs, but this was done by my husband not me. He has no immigration control. I wasn't too sure of this but they said we should and he did. We might of screwed up on this.

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Yeah both parents have to meet the qualification for the 30 hours. Your husband will have provided your NI number for the application to prove you are working and have ticked that you were not subject to immigration control.  I’d give the office a call (who said you were eligible) to set up a repayment  schedule as it’ll catch you out during your next visa. Sorry it’s not better news.

Yeah both parents have to meet the qualification for the 30 hours. Your husband will have provided your NI number for the application to prove you are working and have ticked that you were not subject to immigration control.  I’d give the office a call (who said you were eligible) to set up a repayment  schedule as it’ll catch you out during your next visa. Sorry it’s not better news.

Its the school office, where would I call to find out about repayment? The gov.uk website? We filled out the local council 30hrs form and gave it to the school. I'm not sure where this went. Should I start by calling the local council or information from the gov.uk site?

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I'm hoping someone can help me. My husband ex has called CSA on us.

Did she use the government calculator and found that he was not paying the minimum amount for his first children? You can calculate the minimum amount here-
https://www.gov.uk/calculate-child-maintenance

they took our details and said if she agreed then the child support would be adjusted as we have a total of 4 kids to take care of.

You don't have four children to care for, you have two. They will calulate the minimum the father must pay towards his fist children and from that, deduct an amount for his new children. From that amount, it seem that they then reduce that again, based on the number of nights his children sleep at their father's.

https://www.gov.uk/manage-child-maintenance-case/making-and-getting-payments

Did she use the government calculator and found that he was not paying the minimum amount for his first children? You can calculate the minimum amount here-
https://www.gov.uk/calculate-child-maintenance

You don't have four children to care for, you have two. They will calulate the minimum the father must pay towards his fist children and from that, deduct an amount for his new children. From that amount, it seem that they then reduce that again, based on the number of nights his children sleep at their father's.

https://www.gov.uk/manage-child-maintenance-case/making-and-getting-payments

No she did not use the calculator, she basically doesn't know my husband's income and wanted a recalculation done, so she told them she doesn't know where he lives etc. With that they used his name to go through HMRC and get his home address and did a recalculation based on what she told them.

We have 2 kids in our home permanently and 2 we pay support for, who we take on weekends and holidays. Thats 4 children in total that we care for. In the calculations they only included 3 children and not 4. Saying they did not have my son showing as a resident in our home. So they can see my daughter living here but not my son.

Based on  their 1st recalculation she was suppose to get £48 more. As she has now denied that my husband take care of my son and that he lives with us and also denied that we take his other kids for weekends and holidays, the agency is now saying we need to pay her around £150 more.

They then told us applying for child benefits is what they need as evidence that my son lives here.

Our biggest problem is that we are dealing with a dishonest person. So whilst you would think they would look at our evidence, they are taking her word over ours.



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I don’t think that your husband can claim an adjustment based on your son that he doesn’t have parental responsibility for, but Sirius should know for certain.

If the 30 hours childcare was through a local authority school, contact your council office and ask what should happen. If they provide you a letter saying they are forgiving the debt, it won’t affect future applications.

I know it sucks when you find out someone told you information that was wrong and you’ll have to repay. It truly sucks.

I’m glad you’ve hired someone to support you in the child support claim.  I would think that’ll be pretty easy to sort.