a chuckly tuesday morning hello to all

as the header suggests i have a cl. (wife) who both entered uk on a worker visa from serbia 04/05.
in 01/07 had child and on instructions from friends / work colleagues claimed c.t.c and c.b.
however, now realised that these benefits are treated as public funds and are concerned :
may have been overpaid c.t.c and c.b, and this will have to be repaid.
they will not be allowed to remain in uk due to claiming public funds.

my feelings are :
c.t.c is public funds and cl. / wife should not have claimed this.
c.b i am not so sure.
cl. / wife may not be allowed to apply for indefinite leave to enter after 5 years due to claiming public funds.

anybody had similar case and if so any thoughts re :
cl. / wifes entitlement to remain in uk after 5 years and is c.b claimable in their circs ?

thanx all and have a groovy day !!!

pete

Serbia is not in the EU but a person who has been in the UK on a work permit MAY be able to apply for indefinite leave to remain. The EU 5 year rule doesn't apply.
Child benefit is not claimable by anyone who has a restriction on their leave to be in the UK, whether limited by time or a public funds condition. There is an exception for CB for EU nationals, but not for third country nationals.

hi ariadne2

only just picked up on your reply but yes, i was aware that a person in cl. circs could not claim c.t.c / c.b if entered uk on worker visa, but because cl. has will this jeopardise any appl. for indefinite leave to remain after the 5 years have lapsed ?

any thoughts greatly appreciated ...

pete

But how did they claim iy on the first place. They had to apply and the DM to look into the circ. So if there was an official error and the case was overlooked/decision therefore wrong/ are they supposed to pay back?????

Anyhting is possible if HMRC knows as little about who is/isn't in the EU as DWP at least used to. I came across two cases of people being refused benefit because the Republic of Ireland was not in the European Union (according to the DWP anyway).

Well its not the clients fault, DWP should face the consequences of their action and the fact that Geography is not someones best knowledge.