HMRC internal manual

Child Benefit Technical Manual

CBTM10100 - Residence and Immigration: Immigration - Introduction

Child Benefit follows the long-standing Government policy that those who have not established their right to remain permanently in the UK should not have welfare provision on the same basis as those whose citizenship or status here gives them an entitlement to benefits and assistance when in need. All those admitted to the UK for a temporary purpose are required under the Immigration Rules to be able to be able to maintain and accommodate themselves without recourse to public funds. Consequently all those on limited leave generally have a condition endorsed on their passports prohibiting recourse to public funds.

For this reason Section 115(1) of the Immigration and Asylum Act 1999 provides that no person is entitled to a list of public funds, including child benefit, while he is a person subject to immigration control. The term ‘subject to immigration control’ is defined in Section 115(9) of the Act and is detailed in CBTM10120.

However, section 115(3) of the Immigration and Asylum Act 1999 allows for exceptions to this rule to be prescribed. These exceptions are prescribed in the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 and explained in detail in CBTM10140.