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child benefit and no recourse

benefitsadviser
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Sunderland West Advice Project

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Total Posts: 951

Joined: 22 June 2010

client married british citizen 8 years ago
they have a child born in Bangladesh, but birth cert states the child is british
they moved to uk from Bangladesh 4 years ago and claimed child ben
2 years ago they split up. not legally divorced, but separated
she has never worked
child ben stopped as no recourse to PF

Im new to this recourse stuff

As they are still legally married can she not still claim child benefit?
any other suggestions?

thanks in advance

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Total Posts: 2277

Joined: 12 March 2013

Being married or not and work history are more relevant to EEA rights of residence.  In the absence of any obvious EEA connection in this case, your client’s personal immigration status under UK immigration law determines whether or not she can claim Child Benefit.  It sounds as if she has leave to enter/remain in the UK but with no recourse to public funds which means she cannot claim Child Benefit unless/until that leave is varied