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TCM0290156 | Specialist areas - Persons from abroad: Persons from abroad team - Pre award claims - Customers who do not have immigration status but have a British national child

From HM Revenue & Customs · Tax Credits Manual

Checklist

Before you follow this guidance make sure

  • you have the correct user roles to follow this guidance. Use the B&C Roles and Access Catalogue. You can find this by going to the Benefits & Credits homepage, selecting ‘R’ on the B&C A-Z index, selecting ‘Roles and Access Process’, selecting ‘Roles & Access Catalogue’ from the Related links menu

  • you are in the correct MU. Follow the guidance in TCM0322460

  • you have access to the tax credit computer system (NTC).

Background

Claims are passed to the PFA MU

  • in a single customer family, where the customer has ticked that they are subject to immigration control the customer is not a UK national or National of Switzerland or states that belong to the European Economic Area (EEA) including A2 nationals

or

  • in a two customer family, where both customers have ticked that they are subject to immigration control and neither customer is a UK national or national of Switzerland or states that belong to the EEA including A2 nationals.

The customer must also be present and ordinarily resident in the UK, for further information use TCM0128120, customers who are subject to immigration control are not entitled to tax credits unless

  • their partner is not subject to immigration control

or

  • the customer or partner satisfies one of the exemptions from the general exclusion detailed in TCM0128040.

Reasons not to follow this guidance

Where any customer

  • is a national of Switzerland or EEA Member State including A2 nationals

  • is a national of Croatia and their claim has been made on or after 1 July 2013

  • is a Crown Servant or Posted Worker or Ghurkha

  • lives outside the UK

  • works outside the UK

  • does not have a Zambrano ruling right to reside.

Guidance

Note: When sending customer, staff or process data to another individual or team, make sure you follow the latest data security guidelines or contact the Data Guardian / Data Security Team for advice.

If you are dealing with an email from Child Benefit Office (CBO) stating the customer has a Zambrano ruling right to reside, or

If you have come to this guidance from TCM0290150

  • reject the TC claim, for how to do this, use TCM1000411

  • issue a manual TC601, for how to do this, use TCM1000124

  • update Household Notes with the message IP36 from TCM0160040 make sure you select the ‘Retained’ checkbox, for how to do this, use TCM1000001

Note: You must follow the guidance in TCM0152060 when you record the note and also follow the guidance in TCM0152160.

  • send any relevant correspondence to storage, for how to do this, use TCM0074140.