I am writing to tell you that you are entitled to Child Benefit at £20.30 per week from 18 August 2011. Child Benefit payments are usually made at the beginning of every week. We have made arrangements for payment to be sent to your bank.
Our client received a letter from the Child Benefits Agency earlier this year notifying that she was eligible to claim the payment and although there are occasions when people subject to immigration control can claim benefits without it being classed as breaching their conditions, her immigration conditions clearly state that she has NO RECOURSE TO PUBLIC FUNDS.
Section 115 of the Immigration and Asylum Act 1999 sets out which benefits cannot be legally claimed by people who are subject to immigration control. When an applicant receives one of these benefits, they are in breach of the act.
The following benefits count as public funds:
Attendance allowance
- Carers allowance
- Child benefit
- Child tax credit
- Council tax benefit
- Disability living allowance
- Housing and homelessness assistance
- Housing benefit
- Income-based jobseeker’s allowance
- Income related employment & support allowance – ESA (IR)
- Income support
- Severe disablement allowance
- Social fund payment
Our client informed the Benefits Agency of her status and was advised that she was entitled to the payments. UKBA advise that this is a common occurrence and our client was advised to contact the Child Benefit Office to stop the claim and to put the instruction in writing ensuring that she receives written confirmation that the claim has been stopped.
Our client’s application will be delayed until we can provide UKBA with clear evidence that the payment was made in error and that the benefit has stopped.
Please note that the above list is not exhaustive and not all benefits constitute Public Funds – for example childcare vouchers or early education funding are not included so receipt of them would not constitute a breach in an individual’s conditions of stay.
We would strongly advise that you check whether your immigration status allows you recourse to public funds and if in doubt contact us – just because you’re offered doesn’t mean you’re entitled and acceptance of payments may constitute a breach and put you and your family at risk of losing your immigration status in the UK.
