I am (almost) certain that I dealt with a case a few months back where an A8 worker was able to claim CTC for his children who remained in Poland with their mother - was a joint claim with wife, iirc. Unfortunately, all this was with a different employer ("another country" ) so I can't now check the file. Am I imagining entitlement? - because I'm damned if I can find the reference in CPAG. Page number in CPAG would be useful if anyone can find it.

CPAG page 1383 on....

Mairi

Had already read that - I'm certain I recall a section somewhere else dealing specifically with the CTC question.

The bit of law which covers it is Article 73 of Council Regulation (EEC) No. 1408/71 which provides that

“An employee or self-employed person subject to the legislation of a Member State shall be entitled, in respect of the members of his family who are residing in another Member State, to the family benefits provided for by the legislation of the former State, as if they were residing in that State, subject to the provisions of Annex VI”

I've got it for lots of client quoting this in CTC appeals. When you appeal they send it to the complex cases bit who are an illusive bunch now they are in Washington instead of Belfast but who usually change the decision in just a few weeks. Waste of time talking to the TCO about because they won't get it and they don't have a number for the complex cases people who live in a bunker in a secret location.

Cheers.

Now comes the complex bit - he's on IB (actual, not IS) so clearly retains worker status for RtR purposes, but art. 73, if interpreted literally, would suggest he's precluded in this case......

The Child Benefit Office are being very careful in checking that one of my clients was in actual employment throughout a period where they are looking at paying arrears of CB. If there are any small gaps I will probably argue proportionality. I assume in your case he is on IB because he is not employed rather than because SSP has run out. If he is still in employment then he seems to be covered. There may be some milage in a proportionality argument if he has a clearly temporary condition with another job lined up at the end of it and is not unemployed for long. Otherwise I think you're probably stuck.