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Posted

Dear member

I am interested to find out what the rules are regarding a thai spouse with an ilr visa in relation to claiming curtain UK benefits. Namely job seekers allowance. Would an individual working less than 10 hrs per week be entitles to this benefit. Also is there a threshold at which her husbands earning exclude her or would she be accessed separately irrespectively.

Posted

Another mouth to feed.

A tadge presumptuous?

Maybe the OP has contributed a lot of money to 'the system' over the years? I have, and I would have no problem with my wife claiming whatever she is entitled to in the UK should we ever decide to settle there.

OP, why not just enquire with the benefits office directly and also research their website?

Posted

Once someone has ILR the prohibition on public funds is lifted. So they can claim any and all public funds to which they are entitled, the same as any other UK resident.

Even before ILR they can claim any contribution based benefit, such as contribution based JSA, if they otherwise qualify.

Contribution based JSA is based upon the NI contributions that have been made by the claimant, so their spouse's income is irrelevant.

If someone is not entitled to contribution based JSA they may still be entitled to income based JSA, but entitlement to this will be effected by their spouse's income.

See here for more detail.

Posted

Anybody know if Child Benefit or Child Tax Credits are claimable before the ILR or not. If not, do I then have to notify HMRC of my change of circumstances. I assume they would as they would want to lump the wife's earnings to mine to reduce the payment to my kids but then she is not entitled to claim for her own son.

Posted

Your wife is not entitled to tax credits in her own right until she has ILR; but you are.

However, as tax credit claims must be made jointly by a couple, your wife's name not only can, but must be included in your claim.

There is some dispute over whether your wife can claim child benefit before she has ILR; however, you can definitely claim for the child.

You should certainly notify HMRC and, if relevant, the DWP of any change in circumstances which may effect your tax or benefits situation.

Posted

Let me see if I undertand you correctly. Are you saying that if her son becomes part of the family and therefore a dependent of me then I can claim the addional child tax credit, not a lot at the moment due to my earnings and the extra child benefit.

What would seem unfair was they tax her on any earnings she had, I can't claim tax credits or child benefit for my extra dependent child but at the same time her earnings are lumped with mine and the tax credits are reduced even further for my 2 kids and I have to pay tax on the child benefit because of the extra income.

I understand immigrants not being dependent on the state but then I don't see how the state could disadvantage me.

Posted

I'm not sure what point you are trying to make.

Obviously if she is working then she should be paying the relevant amount of tax and NI contributions; to do otherwise is illegal and could have serious consequences when she is caught.

If your joint earnings put you above the limit for claiming tax credits then you will need to decide if it is worthwhile her working or not.

You can use the tax credit calculator and child tax credit calculator to see how much, if any, you are entitled to.

Child benefit is payable for each child you are responsible for until they reach the age of 16, 20 if they are in approved education or training, and is not means tested. So you receive it no matter how much you earn.

Both are non taxable; except that child benefit may be taxable if one of you earns over £50,000 pa.

Only one person can claim child tax credits and child benefit for a child. From what you say it appears that you have children from a previous relationship. If their other parent is claiming for them, you can't.

That's my understanding, anyway. Full details can be found on the HMRC website.

Of course, if you feel that claiming either, or both, will disadvantage you the solution is simple; don't claim.

Posted

Just trying to find out if I can claim child benefit for her son if he becomes my dependent child. I don't get child tax credit now, earning too much. But who can say what will happen in the future. How would she not be able to pay tax but often wondered if a Thai wife could be a non dom like Philip Green.

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