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UK Family Allowance - Payable?


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We have been told ( by Newcastle + various Tax / N.I. advisors)

that there is NO WAY we will be entitled to UK Child Benefit for

our 2 children unless we have a permanent UK address. Husband will

be working only in UK + paying UK tax & NI but we are informed that

despite 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 vast

amount we pay in tax, I queried it & gave the examples of

which I'd heard, to which the response was 'Anyone getting CB whilst

living in France is doing it illegally.' Depressing. If anyone can

shed any further light on this we'd be most interested.
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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.

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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

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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 family

interest lies) is in France, then you certainly should

not be receiving UK Child Benefit, whereever husband works.
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Janey

We 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
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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!
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