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AIBU?

To be concerned about HMRC advice regarding CTC

21 replies

Ghostlife · 24/06/2015 16:27

My son has been offered a scholarship to do the IB abroad. He is 16. I phoned HMRC and they said I could still claim child tax credits for him as I am still supporting him financially - food and boarding.

I feel uneasy about this as he could not go unless I continue to get child tax credits as I am on a low income but cannot find anything in writing online to support what the advisor said.

OP posts:

Report

ChuffinAda · 24/06/2015 16:29

Blimey! How high is a low income to be able to afford to send a child abroad as a boarder?!

Ghostlife · 24/06/2015 16:33

It is a full scholarship for fees but I have to pay a small amount towards food and lodgings. I am a low earner.

OP posts:

PtolemysNeedle · 24/06/2015 16:37

It might be worth writing to them so that when you get a response in writing.

Well done to your son!

FarFromAnyRoad · 24/06/2015 16:38

The clue is in the word 'scholarship'. If OP was a high earner then she'd have no need of one would she?
OP did you get a name when you were speaking to the advisor? Is there anything on the website to clarify the position?

motherofmonster · 24/06/2015 16:40

Dont phone them, Email if you can so that you have a written reply from them

Samcro · 24/06/2015 16:42

i think you can claim up till 19 or 20 if they are in ft education. same with CB.
I could for my dd(sn college)

taxi4ballet · 24/06/2015 16:42

I think you can still get tax credits unless they are doing a 'higher education' course eg beyond A-levels.

formerbabe · 24/06/2015 16:43

I'm always reading in stereotypical benefits/immigrant bashing articles about how eu immigrants to the UK can claim benefits for their children who still live outside of the UK...everyone up in arms obviously!!

ChuffinAda · 24/06/2015 16:43

Congratulations to your son! Full scholarships are hard to come by!

As for the pp...it wasn't clear in the op. Some scholarships can be minute in comparison to fees etc

Ghostlife · 24/06/2015 16:49

They are asking for a small contribution based on my income but I included CTC in my income and he really wants to go and worked very hard to obtain a place. I think it is reasonable for them to ask for food and lodgings money.

OP posts:

missymayhemsmum · 24/06/2015 22:57

www.gov.uk/tax-credits-if-moving-country-or-travelling/your-family-lives-abroad.
There you go, Ghostlife, it's for real. He can go. EU rules mean that it's treated the same as if he did his A levels at the comp up the road. (Is it in the EU?) Well done both of you.

Hissy · 24/06/2015 23:15

That is such a cool thing! Well done your son!

I hope mine could qualify when his time comes, where will your son be studying?

It will be so great for him!

Ghostlife · 25/06/2015 08:42

Thanks unfortunately school is not in the EU. I phoned them yesterday and again they said it was ok as he would be studying the IB for over 12 hours a week. Really worried as not seen anything in writing except what they have told me...

OP posts:

Ghostlife · 25/06/2015 18:16

Anyone have any idea? Was told by HMRC it was fine in February and now they are saying I have to wait 22 days for a decision.

OP posts:

woowoo22 · 25/06/2015 19:31

Write to them.

Ghostlife · 25/06/2015 20:09

Too late as decision needs to be made tomorrow

OP posts:

ChristmasEnthusiast · 26/06/2015 12:22

I think your iffy feeling is probably right, based on my understanding that

non-resident parents cannot claim CTC (Despite sending money to support child, whether in UK or abroad).
in cases on joint (50:50) custody a main carer is selected, money isn't paid to both.
they may count a scholarship as income (benefit in kind), which could push you over the earnings limit. (Unlikely, as it's not taxable, and fair case to be made that it's your son's income, not yours).

I suspect HMRC staff haven't seen many cases like this, so script-following call centre workers can't answer well, hence he referral in your other thread.

Can you contact the school and explain your income has reduced this year, and give figures without CTC? They may be able to offer a support package in addition to scholarship?

Ghostlife · 26/06/2015 12:31

Hi Christmas thanks for your post. I am the resident parent. I live and work in the UK and my son lives with me. He will be studying in a non - EU country during term times and home with me during the holidays. I have contacted the school and my MP.

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RepeatAdNauseum · 26/06/2015 12:36

There's no entitlement in most cases if the child is not resident in the EEA.

This is mentioned here: www.gov.uk/tax-credits-if-moving-country-or-travelling but there is more information in the proper decision makers guide. I can't access that from home to copy & paste. Most exemptions are for people in the military, etc.

I don't think he'd pass residency tests for the UK if he's only back for holidays, but look into that carefully.

I think they'd be likely to reject the claim initially, and you'd need to appeal and see if you could prove an exemption applies to you.

Ghostlife · 26/06/2015 12:40

Do you know how residency is defined? He would be just a student at boarding school during term time with a study visa not residency visa.

OP posts:

Patapouf · 26/06/2015 13:11

Residency is very tricky to define, but legally it is possible to be resident in two countries simultaneously, it comes down to how time is split between the two.

Habitual residence is a separate thing though, and that may well be the rule they choose to apply. Good luck

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