Tax Credits In U.k

[Leokiss]

Hello everyone been reading here as a guest for a while and now i have something to share.

Iwas wondering if anyone has encounted the same probs as me recently?

O.k my thai wife arrived in may 06 n shortly after gave birth to our son so i filled the relavent tax credit forms in. I read what im supposed to do with the handy guide and in it,it states the if your spouse or partner is of no recourse to public funds exclude them for these tax purposes,so i did

Nearly 2 years later i get another renewal form askin if im a couple has my status changed etc.. But not the bit about exclusion of no recourse to public funds. I put this down to the fact it was a renewal pack and not the startin out pack with the large handy booklet to guide you ,as i did the year before.

When giving the details over the phone i asked the Q am i classed as a couple or not? stating it says not to include her.

Apparently cos im british n she lives with me i have to include her and be classed as a couple which contradicts the dont include her bit! So i've been claiming wrong for nearly 2 years.

Oh and the best bit i owe them £2500

Im not a happy bunny.

Anyone with a similar experience or advise?

[farangmal]

Hello everyone been reading here as a guest for a while and now i have something to share.

Iwas wondering if anyone has encounted the same probs as me recently?

O.k my thai wife arrived in may 06 n shortly after gave birth to our son so i filled the relavent tax credit forms in. I read what im supposed to do with the handy guide and in it,it states the if your spouse or partner is of no recourse to public funds exclude them for these tax purposes,so i did

Nearly 2 years later i get another renewal form askin if im a couple has my status changed etc.. But not the bit about exclusion of no recourse to public funds. I put this down to the fact it was a renewal pack and not the startin out pack with the large handy booklet to guide you ,as i did the year before.

When giving the details over the phone i asked the Q am i classed as a couple or not? stating it says not to include her.

Apparently cos im british n she lives with me i have to include her and be classed as a couple which contradicts the dont include her bit! So i've been claiming wrong for nearly 2 years.

Oh and the best bit i owe them £2500

Im not a happy bunny.

Anyone with a similar experience or advise?

My Thai Wife arrived in the Uk in may 2006 as well. She came in on a 6 Months Marriage visa and after Marrying we went to the P.E.O. to get her 2 year FLR. The Man in the Public Enquiery Office said ...You can claim child benefit in your name and tax credits in joint names. If you are living together you have to claim in joint names. I double checked this again and with the Inland revanue and they said immigration were aware of this and it was no problem.

We got £2500 backdated.

Apart from that I believe nothing can be claimed. The TC money is paid to me and goes in my account.

[Brigante7]

Same here, my wife came over on a fiance visa on Oct 2006 and we got married January 2007, she had our son in September 2007 and I filled in the forms for child benefit and family tax credit and was told that only I could claim for the CB but we had to claim as a couple for the FTC even though my wife was entitled to any public funds.

It was then the problems started, I was told that my wife needed a National Insurance number for me to claim CB & FTC and it took 8 months to get my wifes NI number and we only got 2 months backdated, so I had to claim the extra 6 months backdated by writing a letter, that was 2 weeks ago so still waiting.

Agree about the FTC form being confusing in that it states you have to claim together even though my wife and many other Thai ladies are not entitled to public funds.

[roygsd]

Hello everyone been reading here as a guest for a while and now i have something to share.

Iwas wondering if anyone has encounted the same probs as me recently?

O.k my thai wife arrived in may 06 n shortly after gave birth to our son so i filled the relavent tax credit forms in. I read what im supposed to do with the handy guide and in it,it states the if your spouse or partner is of no recourse to public funds exclude them for these tax purposes,so i did

Nearly 2 years later i get another renewal form askin if im a couple has my status changed etc.. But not the bit about exclusion of no recourse to public funds. I put this down to the fact it was a renewal pack and not the startin out pack with the large handy booklet to guide you ,as i did the year before.

When giving the details over the phone i asked the Q am i classed as a couple or not? stating it says not to include her.

Apparently cos im british n she lives with me i have to include her and be classed as a couple which contradicts the dont include her bit! So i've been claiming wrong for nearly 2 years.

Oh and the best bit i owe them £2500

Im not a happy bunny.

Anyone with a similar experience or advise?

Hi,

I am not suprised at your situation as Income Support /Housing Benefit/ Council Tax regulations are also out of step with the

Home Office requirement of " not recourse to public funds".

I certainly would not accept the debt / or make any offer to repay anything at the moment.

I would write to the Department ( send by recorded Delivery and keep a copy) and advise them that you wish to formally register that you dispute their decision.

Also ask them to provide you with photo copies of all of the documentation you have submitted to them since you first submitted your original application, dont forget to ask for a copy of the "Handy Guide" ( check it has not been amended /updated) and also each set of the guidance notes that are likely to have accompanied each application that you have submitted.

Go through the first application form and make notes of each of the relevant notes to each question and continue with each of the application forms you have submitted to date and hopefully the facts will fall in yor favour.

I was involved in a simiar situation as you are in but where a uk citizen claimed Income support, housing benefit and council tax for over a year having provided the relevant departments with copies of his wifes passport along with a covering letter confirming that he was not going to include his wifes details in his claim(s) as she was not entitled ( copy of the No recourse to public funds stamp attached for their consideration.

All departments confirmed in writing that if he did not provide his wifes details in HIS application(s) they would not process his applications.

As a result all of the above benefits were paid and were for a couple rather than just for himself as he requested, naturally a leter explaining their "error" was sent and the reply came bak was they were obliged to process his application under the the housing benefit, council tax and Income support legislation , end of story!

Well almost, over a year later he returned to employment and six months after that his wife applied for, and recieved her Indefinate Leave to Remain stam in her passport.

It is clear that the Immigration legislation is at variance with the benefits legislation.

I suspect the same may be true in respect of the Tax Credit Legisation.

Good Luck

Roy gsd

The point is that if you

[Maestro]

I am moving this topic from the forum “Thai visas, residency and work permits” to the forum “Visas and migration to other countries”

--

Maestro

[farangmal]

Same here, my wife came over on a fiance visa on Oct 2006 and we got married January 2007, she had our son in September 2007 and I filled in the forms for child benefit and family tax credit and was told that only I could claim for the CB but we had to claim as a couple for the FTC even though my wife was entitled to any public funds.

It was then the problems started, I was told that my wife needed a National Insurance number for me to claim CB & FTC and it took 8 months to get my wifes NI number and we only got 2 months backdated, so I had to claim the extra 6 months backdated by writing a letter, that was 2 weeks ago so still waiting.

Agree about the FTC form being confusing in that it states you have to claim together even though my wife and many other Thai ladies are not entitled to public funds.

If you look really closely...the answer lays in the Inland Revenues website.

http://www.hmrc.gov.uk/taxcredits/residence-rules.htm#16

What are the specified circumstances when a person subject to immigration control can access Tax Credits and Child Benefit?

Tax credits:

• People who have been given leave to enter or remain in the UK subject to a maintenance undertaking and have been resident in the UK for at least five years, starting on the date of entry or the date on which the maintenance undertaking was given by their sponsor (Case 1, regulation 3 (1) of the Tax Credits (Immigration) Regulations);
  
• People subject to a maintenance undertaking who have been resident in the UK for less than five years whose sponsor has died (Case 2, regulation 3 (1));
  
• People whose funds from abroad have been disrupted can claim tax credits for a period of up to 42 days during any single period of limited leave (Case 3, regulation 3 (1));
  
• For WTC only in most cases, nationals of states covered by the 1953 European Convention of Social and Medical Assistance (ECSMA) or the 1961 Council of Europe Social Charter (Case 4, regulation 3 (1)) - in addition to all EEA Member States, these countries are Croatia and Turkey;
  
• For CTC only, workers who are nationals of states with which the EC has an agreement providing for equal treatment for social security (Case 5, regulation 3 (1)) - these countries are Algeria, Morocco, San Marino, Tunisia and Turkey;
  
• Members of a couple in which one partner is subject to immigration control while the other is not may still make a joint tax credit claim (regulation 3 (2));
  
• People who have been recorded by the Home Secretary as refugees (regulations 3 (5) to (9) and 4) - see below; and
  
• There are also transitional rules for people who were receiving family support through Income Support or income-based Jobseeker's Allowance immediately before the introduction of tax credits (regulation 5).
  

Edited July 23, 2008 by farangmal

[roygsd]

http://www.hmrc.gov.uk/taxcredits/residence-rules.htm#16[/url]

What are the specified circumstances when a person subject to immigration control can access Tax Credits and Child Benefit?

Tax credits:

• People who have been given leave to enter or remain in the UK subject to a maintenance undertaking and have been resident in the UK for at least five years, starting on the date of entry or the date on which the maintenance undertaking was given by their sponsor (Case 1, regulation 3 (1) of the Tax Credits (Immigration) Regulations);
  
• People subject to a maintenance undertaking who have been resident in the UK for less than five years whose sponsor has died (Case 2, regulation 3 (1));
  
• People whose funds from abroad have been disrupted can claim tax credits for a period of up to 42 days during any single period of limited leave (Case 3, regulation 3 (1));
  
• For WTC only in most cases, nationals of states covered by the 1953 European Convention of Social and Medical Assistance (ECSMA) or the 1961 Council of Europe Social Charter (Case 4, regulation 3 (1)) - in addition to all EEA Member States, these countries are Croatia and Turkey;
  
• For CTC only, workers who are nationals of states with which the EC has an agreement providing for equal treatment for social security (Case 5, regulation 3 (1)) - these countries are Algeria, Morocco, San Marino, Tunisia and Turkey;
  
• Members of a couple in which one partner is subject to immigration control while the other is not may still make a joint tax credit claim (regulation 3 (2));
  
• People who have been recorded by the Home Secretary as refugees (regulations 3 (5) to (9) and 4) - see below; and
  
• There are also transitional rules for people who were receiving family support through Income Support or income-based Jobseeker's Allowance immediately before the introduction of tax credits (regulation 5).
  

Hi

I thank you for your posting, and I hope that those in need dont overlook the additional information under what you have posted in bold type which states:

"

There are transitional rules for people who were reieving family support though Income Support or income based jobseekers

etc", which goes some way to confirm that Income Support and other Benefits may be available in the name of the Uk person

to include an enhanced allowance for the Spose who holds the "No Recourse to Public funds" stamp in their Passport.

Roy gsd