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can Polish mother claim CTC for her son who lives in Poland?
Hello can someone please advice?
Polish mother working 18 hours a week was living with her son in the UK. He decided to go back to Poland to live with grandmother.
Can mother continue claiming CTC for this child, as she will be financially supporting him?
Also can mother still continue claiming WTC?
thank you
No to both - she fails the ‘normally living with’ test. She could still get WTCs if she is a disabled worker.
Can i please ask few more things? On GOV website it says: you might be able to claim CTC if the child lives in another EEA country - so what does that mean?
The grandmother will not be claiming any benefits for this child and mother is the only person supporting the child.
Thank you
CPAG pg 1603 says that child benefit and CTC are exportable without time limit provided there is no change in the competent state and also that you can be paid for family members living in another state - it refers you to CPAG’s benefits for migrants handbook for further info - I don’t have that to hand.
Hi all
See also p.207 & 267 of the migrants handbook - it is the same EU rule about family benefits under EU Reg 883/2004, Article 67 - entitled to family benefits including for family members residing in another member state, as if they were residing in the former member state - this is accepted by HMRC to trump the ‘normally living with test’, see:
https://www.gov.uk/tax-credits-if-moving-country-or-travelling
You have a child who lives abroad
You may also be able to get Child Tax Credit if you have a child and:
you work in the UK
you have a right to reside in the UK
you pay National Insurance contributions here
your child lives in a country in the European Economic Area (EEA) or in Switzerland with your partner or someone else - and depends on you to support them
However, HMRC do not always accept that it follows the person is responsible for a child for WTC purposes, as WTC is not classed as a family benefit. See also:
https://www.gov.uk/hmrc-internal-manuals/claimant-compliance-manual/ccm20260
But if awarded CTC and refused WTC on this reasoning that would be worth MR/appeal.
Mark
My mistake. BFM says (pages 267-270) that CTCs can be paid for a family member living in another member state. Assuming that entitlement to the equivalent benefit in Italy depends on a claim having been made (and assuming that no claim has been made there) then she can be paid CTCs in respect of her son.
If anyone in Italy makes a claim for the equivalent benefit then Italy will have priority (have to pay) because the child is resident there.
thank you so much for all your replies.
This is what I thought but wasn’t sure. So if mother can continue claiming CTC, does she just inform CTC that her son is moving away but CTC should still continue to pay her the benefit or is there a different process how to do this?
Sorry just looked at Mark Willis’s post - so basically if I understand right, mother needs to close her claim and make a new claim which will be treated as complex case.
Is that correct?
thank you
[ Edited: 14 Jun 2016 at 12:10 pm by Sue123 ]Hi Zuzana
No need to close claim - just report the change - CTC should continue although they may make checks on equivalent benefit being paid in Poland, and be prepared to challenge any decision to stop WTC.
I think the guidance I linked was referring to where a partner is also in another member state, which might mean two separate claims required.
Mark
Hi Zuzana
No need to close claim - just report the change - CTC should continue although they may make checks on equivalent benefit being paid in Poland, and be prepared to challenge any decision to stop WTC.
I think the guidance I linked was referring to where a partner is also in another member state, which might mean two separate claims required.
Mark
Brilliant, thank you so much for help