keeping hold of child benefit

[Jks]

In August my daughter and I will be moving permanently to our home in France while my husband continues to work in the UK for at least another year. As we won't be entitled to child benefit in France as I only have one child - is it possible to put the Child Benefit claim in my husband's name and continue to receive it in the UK. Failing that I understand there's some clause about getting a child educated abroad but not necessarily being resident - as Ellie will be starting school in France - does anyone know if this would cover us?

Many thanks 

[Val_2]

I think you will find, and if someone knows better please let us all know, that benefit is only paid if you are living in the UK full time and to the person on the account,but once you move to France it is not transferable to your husband as you have voluntarily left and are off their hands. All of us who have moved with kids have had to inform Newcastle and then rejoin the CAF in France. Don't try and cheat the system as they will surely find out and I have never heard of any husband still working in the UK being granted the payment for an absent child.

[Russethouse]

There have been cases where Newcastle have insisted on benefit they feel has been wrongly paid, being repaid to them.

Its probably better to ask them what the position is.

[leray]

Hi JKs

we came over after GCSEs and because my daughter left Uk education the payments stopped however I put a claim in as according to the Child Benefit website I could still claim.

I filled in Loads and Load of forms 3 times (CH934/CH927/CH950)  but he got paid in december and backdated to july and will continue to be paid until a review in September, by which time I think we will back in the UK

I also still get family tax credit

Phone Newcastle on 00 44 191 225 1000, they are really helpful and its not an unusual request, as long as your husband is in UK paying tax and insurance you qualify

Also take a look at the website I think its Inland Revenue/Childbenefit/education abroad or temporary absence from Uk

I go to live abroad or visit?

You must tell us straight away if you, youir child, or both of you leave the UK permanently. If you are going abroad permanently but your child is staying in the UK and living with someone else, the person they are staying with should contact us and claim Child Benefit.

If you go abroad temporarily you can continue to get Child Benefit

• for up to 8 weeks, whatever the reason for your absence
• for the first 12 weeks you are abroad because you are, or a member of your family is, receiving treatment for an illness or disability or because a member of your family has died.

You must tell us if you are going abroad longer than this. If you left the UK after the 6 April 2003, you will be treated as being abroad temporarily if your absence is unlikely to last for more than a year when you leave.

If your right to remain in the UK is subject to a limit or condition and you have been getting Child Benefit since before 7 October 1996 you may be entitled to Child Benefit again if you return after a stay abroad of more than 8 weeks. If you want to know more about this, contact Child Benefit Office.

If the child goes abroad temporarily you can continue to get Child Benefit for that child for up to 12 weeks. You must tell us if your child is leaving the UK for more than 12 weeks.

If your child is temporarily abroad for more than 12 weeks you may still get Child Benefit if they are abroad for one of the following reasons:

• to receive full-time education in an EEA country or Switzerland
• to make an educational or foreign visit that is approved in writing by the child's usual school
• to get medical treatment for an illness that began before the child left the UK

If your child is abroad without you for more than 8 weeks you must be supporting them while they are abroad if you are to continue to get Child Benefit.

Top

The above is from the website

you will also need to change your E11 to and E109 because your partner is working in UK ring 00 44 191 225 5606

Bon Courage

elaine56

 

[Teamedup]

I read that as allowances for temporary non-residence in the UK rather than moving abroad. And I read jks's post as a permanent move to France.

So yes, I think that jks should contact Newcastle, but as the child has been permanently moved, I personally do not read this as there is a right to family allowance......... it is, as with everything, open to interpretation.

All these things about where one pays are very complicated. And within a year we will be in a real mire, which I will consider stupid and injust, but there you go.

[Jks]

Why within a year?

 

[leray]

HI Jks

Dont know about the year bit, but as I see it for arguments sake, you cant be as a family  'permanently'  based in France (if you dont mind my saying) if your husband is in  UK earning and paying NICs and tax. You wont be able to fully integrate into systems (health)

After the year you may well decide to return to UK anyway, or if your husband comes out to join you,  then, as family you you will be 'permantly' based in France, and getting into all the systems on a more permanant basis. He will no longer be in UK, so you won't qualify for any further child benefit payments.

But to repeat myself, phone them, they are very friendly and I know of several of us 'separated by distance' (their definition) and in receipt of child benefit. Let us know your outcome

elaine56

[Will]

I am sure there are E forms (European social security forms) covering your situation. However, you do fall very much between the two proverbial stools. If wife and kids are in France for more than three months, they could possibly qualify for social benefits (including health cover) under residence criteria, but as you won't have been employed in France or paid into the system you won't actually get much, beyond medical cover of course. When husband is employed in Britain he will pay taxes etc there through PAYE, but by virtue of the family, and family home, being in France he (and thus the family too) could be regarded as French tax resident.

Either way, due to the 'migrant' status which the E form would confer on you it seems unlikely you would be entitled to child benefit in either country, at least in the medium term, between you still receiving UK benefit, and becoming fully integrated into the French system.

Whatever happens, best of luck, and don't rely on what you read on forums (even this one) but get official information from DWP Newcastle or from a financial professional.

[Val_2]

You would be entitled to an E109 for one year only.This covers you and your child whilst your husband works and pays NI inthe UK. I know as I had to claim this when being in exactly the same position AND inthose days it had to go before the Bureau des Etrangers as well so they could keep an eye on us until my husband arrived. As regards health care, my son broke his arm during that time and we had to pay part using the E111 and show that blasted letter from the authorities again and again.

[Kaf]

Hi

We live permanently in France, but my husband works in the UK, paying tax and NI contributions.

The rules re child benefit are quite clear in the information book on Social Security contributions for those living abroad( can't find my copy at the moment so can't give you the reference number); what matters is where the tax and NI is paid and NOT where the child is resident. We have been awarded child benefit because we pay into the UK system even though we are living in France.

There was a strand on this a few months ago with many people insisting that it is not legal to receive benefit if the child is not living in the UK. The only time this becomes illegal is when you stop paying into the UK system.

Advise the child benefit office of your new circumstances. They will need to confirm that your husband is still working in the UK and they will review the circumstances each year.

if you get someone at the Inland Revenue who says that you are not entitled to it (I have heard that this has happened) insist on speaking to someone more senior and advise them to refer to the information book.

Incidentally after a long argument with the Inland Revenue, we have also just been re-awarded child tax credit, so this is also worth pursuing. We were initially awarded it on the basis that my husband was paying UK contributions and were even paid arrears. The payments then suddenly stopped with no explanation. After many phone calls, I finally discovered that someone had looked at the claim again and decided we weren't entitled to it.

In the end I started to follow the complaints procedure because it was quite obvious that no-one really knew what they were talking about and the decision to award or not to award seemed to depend on whoever happened to answer the query (This was for child tax credit, not child benefit- I had no problems with the child benefit claim)

After about four months we finally got a favourable decision and all the arrears, but obviously this is still dependent on hubby working in the UK.

Incidentally, the child benefit claim has to be made by your husband as he will be the one paying the contributions.

Obviously individual circumstances do vary and this may affect your entitlements, but if you get a no to start with, keep pursuing it through the correct complaints procedure

Hope this is of use

Karen

[Russethouse]

Whatever Newcastle tell you on the phone I would be very sure to get it in writing, that way you have a reference if/when there are problems or a change in circumstances.

Karen, if you find the book and can let us know the number then we could add it to the FAQ

[Kaf]

Hi Gay

Have had another look and finally found the relevant publication.

It is from the benefits agency and is SA29: Your social security insurance, benefits and health care rights in the EC, Iceland, Liechtenstein and Norway.

The relevant section re child benefit is Para 21 and says "If you are in the UK or another EC country and you are employed or self-employed in a job in which you must pay contributions under the UK scheme...... you can usually get UK child benefit for your children even if they are living in another EC country."

It goes on to say that if you are paying into another EC country's insurance scheme the child benefit will normally be payable by that country, even if the child stays in the UK. It further says that if the two parents are both working in different EC countries, the benfit is normally payable in the country where the child resides.

Therefore, if you fulfil the contributions conditions it seems that the only time that the place of the residence of the child is relevant is when there are two different countries' insurance schemes involved.

But as others have stressed, you must advise the authorities of your change in circumstances; you cannot just continue to claim benefit regardless.

In our case we had actually cancelled our benefit because my husband had intended to work over here and be a fully paid up member of the French system. Unfortunately he couldn't get a job and had to go back to the UK for work. It then dawned on us that if we were paying into the system, we ought to be entitled to the benefits, so we made a new application. Therefore, we know that we are correctly entitled based on our current circumstances, because ours was a new claim and the Inland Revenue who deal with child benefit had all the facts from the start.

Sorry this is a bit long again, but this issue seems to raise a lot of hackles; for some reason many people who posted messages when this came up before on the forum gave the impression that they felt we were getting something to which we were not entitled.

Regards to all

Karen

[skintagain]

[quote]In August my daughter and I will be moving permanently to our home in France while my husband continues to work in the UK for at least another year. As we won't be entitled to child benefit in France ...[/quote]

excuse any errors as i am knew to all this but as regards to child benefit i believe if you or your partner are still paying into the system in the uk you are entitled to child benefit.i moved to france 4 years ago and informed the child benefits office before we left and that was what they told me.i can not imagin it effecting the schooling in france.

[Jks]

Hi Skintagain

It's because in France you can't get child benefit if you only have one child - which rather contradicts the idea of any recipricol agreement! That's why I want to continue my claim (if it is at all legally possible - which thanks to Kaf I think it now is) in England. Either that or we'll have to start thinking about having another baby!!

Regards

Julie