I need some help with a client I have seen recently.

He gets child benefit (quite legitimately) for 2 children who are resident in Poland.
He works in the UK and has been here since 2006.
I want to know if he can claim Tax Credits also for his children/wife whilst they are still in Poland.

Tax credit help line has said he cannot claim, and initially refused even to send out a claim pack, however they did agree to let him put a claim in when I asked for the decsion not to allow him to claim to be put into writing as I did not think it was fair for the call centre to be making decisions on people's benefits.

Has anyone else had similar cases and if so, how did they go?

Thanks

if he is working 30 hours plus and aged 25 or over he can claim Working Tax Credit anyway.

Given that tax credits are assessed on last years taxable income rather than this years, and also that the first £25k of any income increase during the current tax year is disregarded, I believe it is often well worth claiming for A8 nationals who come from countries where the pay tends to be lower.

As far as Child Tax Credit goes I believe that the rules are the same as for Child Benefit. You can get family benefits for a child who is living in another E.U. country but only temporarily, while the child, who normally lives with you, is absent because that child in full-time education in another EEA country.

There is a distinction between CB and CTC. CB claims for a child in full time education in an EEA state are fine, as I assume in this case.

But for CTC, the child must be 'normally live with' the claimant (Reg 3(1) Rule 1 CTC Regs 2002).

Claimant would also have to satisfy RTR rules etc.

Steve