EEA A8 national – CHB refused

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  • #35313
    jrout
    Participant

    Hi

    We have a case where we have an A8 National who we have just been advised has been refused Child Benefit on the basis that they don’t satisfy the right to reside. We are assuming that the children have failed as they didn’t specify.

    Claimant works udner WRC scheme and partner and children live with him as family members.
    So we are a bit mystified as to why they have made this decision, as, as they are family members and automatically have right to reside.

    The Child Benefit office state they have no other info than failed RTR.

    Does this change in anyway the HB/CTB decision? Never come across this scenario before.

    thanks
    Jacki

    #99051
    Trevor Kenward
    Participant

    We have a lot of claims from Polish people and have cases where child benefit has been awarded even though the child or children live in Poland so am not aware of why there would be a right to reside problem.

    I am aware that child benefit is not awarded until an appreciable time of residence has been achieved – could this be the case here?.

    However irrespective of the child benefit issue the claim should still include the children who live with the claimant

    #99052
    jrout
    Participant

    Hi

    thanks, for that,

    We have always included the children, but never had one where it was refused, so just didn’t know whether it changed anything. Glad we were on the right lines.

    regards
    jacki

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