Getting confused by CPAG on this.

Limited circumstances for the case are: female, Chinese, in UK legally on a work permit. Is married with partner over here (not sure of husband's nationality, immigration status). Pregnant with first child at the mo, but one issue is can she claim CB when child is born?

Unclear on how her work permit status would affect a claim for CB.

Also Right to Reside must play a part? When returned to work she is a worker so has right to reside, is this also so when she is off on mat. leave?

Apologies for lack of info on her circumstances but this is how case came to me. Will hopefully get more info but poking around in the half-light at present.

Many thanks!

OK, if she is Chinese then the "worker right to reside" bit is irrelevant as it only applies to EEA nationals - might be important to know if her husband is an EEA national and if so if he is a worker, or ahs some other immigration status in the UK like being actually British or being a worker himself - she might be a family member.

But this seems very unlikely as she wouldn't need a work permit if she was an EEA worker's family member, and if she was married to soemone who is settled in the UK she would be here on a spouse visa which also gives her a right to work. She might still be subject to a no pblic funds restriction.

Child benefit is public funds and work permit holders have a condition attached to their leave to enter that they will not have recourse to public funds. her husband may be here on a work permit himself or as her spouse, in either case having the right to work. But he will also be subject to the condition too.

I can't see a way round this one because I can't see either her or her husband having the right to claim public funds benefits. Even worse, an attempt to do so is an offence in immigration law and could jeopardise any chance they might have of getting settled status or their work permits renewed. Would you trust HMRC not to tell IND?

Many thanks!