family allowance

[worldbookday]

Hubby works in UK and pays UK Tax and NI . We did notify 'them' when we were leaving UK CB was not stopped, but now they want it back! Looks like we will have to pay it back, but would be interested to hear of other people's experiences.

[Marina]

We have the same situation, in that my husband works and pays into the UK system, while I'm resident in Spain.
When we notified them they initially said I would still receive child benefit, but then they stopped it. We complained and eventually they said they would pay it to my husband. It now goes into the same bank account, but in his name.
What they didn't tell us, but I later found out, is that as it is no longer being paid to me, I lose my "home responsibilities" pension contributions.
At times, I almost understand why people choose to be less than honest!

[Kelly4]

The same happened to us but we didn't even realise the money had been paid into my husband's UK account...it just sits pretty much dormant. They didn't notify us that they were making a payment and they have just sent us a notice for repayment. We too have been completely honest with them and they have made c#ck-up after c#ck-up.

Kelly

[Marina]

How long had they been paying you for, before asking for it back?

[Kelly4]

Hi Marina,

Not sure if your question was addressed to me but the payment was a lump sum at the end of the tax year. at least a year after we informed them that we were both resident in Spain and that neither of us were paying tax in the UK during that year.

Kelly

[Marina]

Thanks Kelly. In our case my husband is still paying into the UK system, so we are a little different. I didn't fancy having to pay ours back as it has long been spent!

[worldbookday]

Its about 18mnths worth, have not yet had a reply but will keep you updated.

[safeashouses]

If you do have to repay it offer to do so in affordable monthly instalments over a period of at least 18 months.

[stellastaff]

I have a friend who works for the Benefits Agency in the UK. We were discussing this topic last time she came to visit and what she said was:

1/ If you live here and for whatever reason have to repay to the B.A. they will not chase you for it unless it is a lot of money (thousands) as it is not worth the hassle!

2/ If you decide to be a bit dodgy and claim unlawfully while living in Spain, thats fine at the moment (see 1) but very soon the whole B.A. is to be taken over by the INLAND REVENUE!!! Not so easy to get away with as they will follow you to the moon and back to get thier money. And they will prosecute you no matter where you are. YOU HAVE BEEN WARNED!! (no one in particular that is!!)

[melandsharon]

Hi
I was reading an article the other day in the independent , I think and it was about family allowance, Polish men working in the UK are claiming for there dependents that live in Poland according to the article this was perfectly legal the article said that 25 million pounds were leaving the UK this way.

[worldbookday]

Well I have filled in one form and returned it (may2006) only to be sent an identical one again, filled it in and returned it in June but have not heard anything since

[Kelly4]

We are about to put in an appeal regarding the overpayment. When I first arrived in Spain I was told SO many different things about benefits. I very nearly missed out on maternity allowance I was entitled to because the people at the inland revenue overseas office all told me different things. The same has happened with Child Tax Credits. The man I spoke to in the office yesterday admitted that the system is very confusing and that a lot of errors have been made by the inland revenue. Apparently, thousands of people in the UK have been overpaid and they are desperately trying to claw back the money.

I will keep you posted. With a few grand at stake and the money long gone, rest assured that I will fight this tooth and nail. On another note, maybe we should all join forces and make a complaint to the inland revenue/benefits agency about the lack of clear information available to ex-pats. Anyone up for that?

Kelly

[Bongtrees]

On another note, maybe we should all join forces and make a complaint to the inland revenue/benefits agency about the lack of clear information available to ex-pats. Anyone up for that?Kelly

The information is quite clear on both the gov. web site and in their pamphlets.....this is from web site.


Go to live abroad or visit?

You must tell us straight away if you, your child, children or all of you leave the UK permanently or for an absence that is likely to last for more than a year when you leave. 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 get in touch with 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 if you go or stay 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 stay in the UK is under a limit or condition and you have been getting Child Benefit since before 7 October 1996 you may lose the right to get Child Benefit again if you stay abroad for more than 8 weeks. If you want to know more about this, get in touch with the Child Benefit Office.

If your child goes abroad temporarily you can continue to get Child Benefit for them 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 only 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 their school
to get medical treatment for an illness that began before the child left the UK.

[melandsharon]

Can some one tell me what the artical in the Independent was about then if Polish men working in the UK can claim while there wives and children live in Poland, it wasnt a little article but a head line "25 million pounds leaving the UK solical system a year legally" ?

[Bongtrees]

Can some one tell me what the artical in the Independent was about then if Polish men working in the UK can claim while there wives and children live in Poland, it wasnt a little article but a head line "25 million pounds leaving the UK solical system a year legally" ?

Again the govt web site states that living and working in UK gives entitlement to UK benefits.

QED the benefit depends on where the parent pays tax not where the dependant lives.

[worldbookday]

My husband works and pays tax in UK, if it takes them much longer to sort it out they will owe me more than they say I owe them!!!
If they say I am not entitled to the Child Benifit then I will quote them the article in the Independent.
What ever the infomation on Web Site/leaflets etc says you try using that information with the people that actually deal with. When we left the UK our accountant made sure we filled in all the forms, notified the correct people. It took the tax office almost 2 years to admit that we had sent the Tax forms in to say we were leaving the UK and yes it was logged on the 'Cental System' but "had not got picked up" whatever that means, but Hey Ho I'm living here and loving it

[anewlife]

This is the confusing bit about CHB:

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

- to receive full-time education in an EEA country or Switzerland"

Just what exactly does this mean???? If my child is in full time education in Spain, then why should CHB not be paid??? What is the catch here?

They don't exactly publish what the criteria is about this, or do they and we can't find it?

[Bongtrees]

I read that as..... the parents are working/ contributing in UK and the child is abroad in full time education, many people have their children educated abroad for many diferent reasons but the parents themseleves pay taxes in UK

Its quite clear if parents do not pay tax and NI in UK, they are not entitled to child benefit.

[Kelly4]

Bongtrees,

Thanks for posting that section from the website. I'm sure it will clarify the Child Benefit situation for some people. And you're right, the website is relatively clear on Child Benefit. However, the situation with other benefits is less clear and my experience has been one of confusion NOT from websites but from various conversations with members of Inland Revenue and Benefits Agency staff who aren't very clear themselves about entitlement abroad. In particular, there was a lot of confusion during the early stages, when we were still entitled to certain UK benefits (maternity allowance, tax credits, healthcare) having paid tax and NI during that financial year.

Kelly

[Bongtrees]

I am hearing this more and more Kelly. It seems that we have to fight every day to get someone to to do their job properly and not just in Spain.
(':x')

Mike