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Working in EU and claiming Working Tax Credits

(2 Posts)
AchyFox Sat 01-Mar-14 16:53:07

Official guidance from HMRC indicates that so long as your periods abroad are less than 8 weeks, WTC is still payable.

However, I'm also getting the impression that under EU freedom of movement directives the UK government can't discriminate at all regarding a UK citizen's location within the EU.
Thus theoretically a UK citizen can work anywhere for any period and still claim WTC... or am I getting the wrong end of the stick ?

So,

1. How long do you have to spend back in the UK every 8 weeks accepting HMRC's position as being accurate ?

2. How does in fact EU freedom of movement directives affect WTC claims from an EU law viewpoint ?

prh47bridge Sat 01-Mar-14 20:10:11

Some benefits are payable based on contributions. Those must be paid to any UK national with the appropriate level of contributions regardless of where they are living in the EU. Similarly any EU national living in the UK must also receive such benefits

Other benefits are payable to anyone who is habitually resident in the UK. Those benefits are payable to all EU nationals who are habitually resident in the UK. The directives do NOT require such benefits to be paid to UK nationals who are not habitually resident in the UK. You are therefore not eligible for Working Tax Credit, Child Tax Credit, Housing Benefit, Income Support, Council Tax Benefit, Child Benefit and certain other benefits if you cease to be habitually resident in the UK.

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