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HMRC internal manual

Child Benefit Technical Manual

Claims, awards and rates: Time within which claim is to be made

Child Benefit & Guardian’s Allowance (Administration) Regulations, regulation 6

This is 3 months, beginning with any day on which, apart from satisfying the conditions for making the claim, the person making the claim is entitled to the benefit or allowance.

Different rules apply for refugees, see CBTM10140 and those granted leave to remain under section 67 of the Immigration Act 2016.

Where a person is not entitled to Child benefit because they claimed asylum as a refugee and are subject to immigration control, if they subsequently claim Child Benefit within 3 months of either being:

  • notified they have been recorded as a rfegee, or
  • notified they have been granted leave to remain under section 67 of the Immigration Act 2016 and to whom paragraphs 352ZH to 352ZS of Part 11 of the Immigration Rules made under section 3(2) of the Immigration Act apply,

their Child Benefit claim is treated has having been made on the date they first submitted their clain for asylum.

For more information, see CBTM10140

 

Child Benefit & Guardian’s Allowance (Administration) Regulations, regulation 7

Anyone making a claim must furnish any certificates, documents, information and evidence in connection with that claim, or any question arising out of it, as may be required by Her Majesty’s Revenue & Customs.

If a person is required to furnish a certificate of the birth or adoption of a child or a qualifying young person, the certificate must be an original certificate or a copy authenticated in such a manner as to render it admissible in court proceedings.

They must do so within one month of being so required, or within such longer period as Her Majesty’s Revenue & Customs may consider reasonable.