Eskenazi Posted September 21, 2004 Share Posted September 21, 2004 We have been told ( by Newcastle + various Tax / N.I. advisors) that there is NO WAY we will be entitled to UK Child Benefit forour 2 children unless we have a permanent UK address. Husband willbe working only in UK + paying UK tax & NI but we are informed thatdespite this we have no entitlement to Child Benefit if we live in France. Since CB has always seemed to me merely a way of getting back a tiny portion of our own money out of the vastamount we pay in tax, I queried it & gave the examples ofwhich I'd heard, to which the response was 'Anyone getting CB whilstliving in France is doing it illegally.' Depressing. If anyone canshed any further light on this we'd be most interested. Link to comment Share on other sites More sharing options...
BJSLIV Posted September 21, 2004 Share Posted September 21, 2004 My reading of the rules agrees with what Eskanazi has been told. However if the husband is working in the UK, there is probably scope, accidentally or deliberately, to take advantage of the clause that says benefit may be paid for children who leave the UK temporarily for educational reasons. Link to comment Share on other sites More sharing options...
Janey Posted September 21, 2004 Share Posted September 21, 2004 We are NOT doing anything illeagal, hubby is classed as living in England, has a permanent address and as I said is only home to our home every 2 weekends. it was exactly the same for Saligobay as far as I know.No situations are exactly the same.Janey Link to comment Share on other sites More sharing options...
Eskenazi Posted September 21, 2004 Share Posted September 21, 2004 If the UK address is the principal residence then that's fine, but the problem arises if you are actually classed as French residents -and if wife + family are living in France, then that is the case,according to the laws of Domicile. You cannot be domiciled in two places at once - if your Domicile (i.e. where your centre of familyinterest lies) is in France, then you certainly should not be receiving UK Child Benefit, whereever husband works. Link to comment Share on other sites More sharing options...
Russethouse Posted September 21, 2004 Share Posted September 21, 2004 If you have more than 1 child is it possible you would be better off claiming in France, or does it not follow that if you are considered to be domiciled (family centre etc) in France that you can claim there ?? Link to comment Share on other sites More sharing options...
Kaf Posted September 21, 2004 Share Posted September 21, 2004 JaneyWe are the in the same position as you I think. Hubby works 4 weeks at a time in Uk and has a UK address which he pays rent on even while back with us in France. Newcastle has all the facts and there was no problem with us being awarded child benefit.The social security information booklet(SA29) clearly says that if you have to pay UK contributions you are probably entitled to child benefit even if the child is living in another EC country. (It makes no specification for medical or educational reasons) Furthermore, it gives the scenario where you may be legally entitled to claim benefit from two different EC countries; in this case it says that the country where you pay into the social security scheme is the one which will usually pay the benefit. From my reading of this,it seems obvious that if a parent is working in the UK and paying full contributions, you are entitled to child benefit even if the child is in France. Presumably, this is the basis on which we, and others, have been given child benefit.But as you pointed out all circumstances are different, and Newcastle did enquire closely into the precise arrangements we have for living and working.Karen Link to comment Share on other sites More sharing options...
Coral Posted September 22, 2004 Share Posted September 22, 2004 Regarding domicile I was told by a solicitor that UK Govt classifies you as having 'domicile of birth' - usually inherited from your father. To change that you have to make a written declaration of 'domicile of choice' which has to be witnessed and notarized. Is this what they consider you are doing when you inform Newcastle 'goodbye' ..........???? no idea! Link to comment Share on other sites More sharing options...
Eskenazi Posted September 22, 2004 Share Posted September 22, 2004 The rule regarding domicile is that it stems from your 'centre of interest' i.e. where your family is permanently in residence. The'domicile of birth' criterion only kicks in if all the restare dubious and that is the only one with certainty. Link to comment Share on other sites More sharing options...
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