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Forum Home  →  Discussion  →  Other benefit issues  →  Thread

Child benefit/Child tax credits for niece, who is Hungarian

Ruth Knox
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Vauxhall Law Centre

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My client and her partner are Hungarian nationals working in the UK and with no problems in claiming benefits.  However, in addition to their own child, they are also looking after their niece.  Her father (has always been a single parent) was living in the UK and his daughter had started school here.  He has had to return to Hungary and has asked them to look after her.  He has no immediate prospect of return.  He does not claim any benefits for her support in Hungary. 

Can they claim Child Benefit and Child tax credits for her, or would Hungary be the competent authority?

All comments welcome.

Ruth

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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I’m not in the main office at the moment so I don’t have ready access to the books but under the co-ordnaton rules the competent state is usually the one where the person is working.

Ruth Knox
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The brother is working in Hungary, the couple looking after their niece working in the UK.  I think we will put in a claim for Child Benefit and deal with any questions as they arise.  Ruth

nevip
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Have a look at articles 2(i), 67 and 68 of EC Regulation 883/2004.  And the attached decision.  It appears that Hungary might be the competent state (depending upon the entitlement conditions of family benefits there) but even if the UK was the competent state, based on the residency of the children, then, because of the case below, it looks like the father would have to make the claim.  If so he can claim through the Hungarian Social security system who would then pass it on to the UK to process.

[ Edited: 1 Jul 2014 at 05:32 pm by nevip ]

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Ruth Knox
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Vauxhall Law Centre

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Total Posts: 559

Joined: 27 January 2014

Thanks, this is new territory to me - will keep you posted on the outcome. Ruth