child benefit entitlement

[Artois]

Despite paying both national insurance (husband works in the UK) and cotisations to URSSAF (gites) we have been told by both Newcastle and CAF we are not entitled to child benefit for our 3 children. Our children have attended school here in France for the past 4 years.

Having supplied the requested letter stating we are no longer entitled to UK benefit, 9 visits, provision of countless documents and after 7 months we have now finally had a formal refusal stating we do not fulfill the requirements for family allowance or even au droit au sejour! new rules came into force in May although of course we applied in January.

Where do we go from here? any suggestions greatly received

[Artois]

Thank you for the link Puzzled. It certainly looks as if we should have been able to stay on the Uk system.

We received a letter some time ago asking if our children were still at school in the UK and pointing out that if not we may no longer be entitled to benefit. On returning the form benefit ceased and when we contacted them they confirmed that was correct and advised us to join the French system.

Armed with these facts I think we will now contact them again and demand some back pay. It would appear that few people working in these departments have any idea of the rules in either country.

 

 

 

 

 

 

 

 

[woolybananasbrother]

Why on earth should the British taxpayer shell out for your children when you dont even live in the country?

[Russethouse]

Because the OPs husband works in the UK and it's a benefit he contributes to with his NI payments?

[Boiling a frog]

Because it is the law?

[woolybananasbrother]

If they live in France (ie more than 183 days per annum), then the French pay surely. Based on a gite business. Indeed it would be somewhat higher here I think.

Surely it is where the children are resident that counts.

[tweenie]

My husband works in the UK and I still receive Uk child benefit. You should definately get back intouch with Newcastle. Good luck

[Russethouse]

Why would the French pay when the contributions are being paid in the UK ? Read the link posted earlier.

[woolybananasbrother]

Well, the OP runs a business here and her kids are here, and she is apparently resident here. Her husband is non resident apparently, nor domiciled, so the French do not know if the marriage is extant or not. Fine, I sort of see their logic on that part, but for the rest she is here alone running a business, with four kids in school, so should pick up from France.

And in UK, she is not resident apparently, Could be seen as separated from husband.

Besides, I think CA is a non contributory benefit isnt it.

Before anyone foams at the mouth, been there, done it but a few years ago now. And still have a claim outstanding after 23 years. Have sort of given up on that one.

 

[Suandpete]

    May have changed now I guess - but with child benefit in the UK it always used to be the mother who was the claimant and the beneficiary.   Perhaps that is the problem.

[Russethouse]

If I remember correctly though I had to give the OH's NI number and in fact it appeared on the benefit book - perhaps they have given that up !

[Busy Bee]

Hi Artois,

I have had similar problems with Child Benefit and the CAF.  After over a year, the end result was that if I paid cotisations in France and my husband paid them in the UK, then it is the country where the children live that has to pay.  The CAF have to tell you exactly why, they will not pay, not just that you don't fullfill the requirements - which requirement do you not fulfil.  They must put it in writing so you can respond in writing.  Visit them again and again until you find someone that will actually listen. 

The next step is to enlist the help of the assistant social at the mairie, they often have a contact that will be able to tell you something unofficially.  Keep going, I only have 2 children and after a year of having nothing received about 1000GBP and 3000 euros!  Well worth the battle

Incidentally, another problem I came up against is that in the UK they don't ask about the father and so don't take him into account when refusing you - that is why the UK did say they were wrong to refuse me in the first place.  In France, you have to take into account the father - ie as a couple.

Tracy

[woolybananasbrother]

Great, this should run and run.[6]

[Russethouse]

 Where the husband works must have some bearing on the matter, do you remember all the 'outcry' earlier this year when it was publicized how many Polish workers were sending home Child Benefit to Poland ?

http://www.dailymail.co.uk/news/article-483225/1m-child-benefit-paid-month--mothers-Poland.html

[Artois]

8 months on..... and we have a result.

After having to produce yet more paperwork ie our 2007 tax returns and details of our payments of French social charges the CAF have now agreed that we are entitled to receive family allowance here.

Most of us only want to do the right thing it is just so frustrating when the authorities don't understand the rules.