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HMRC internal manual

Tax Credits Technical Manual

Entitlement: Immigration rules

People whose funds from abroad are disrupted

The Tax Credits (Immigration) Regulations 2003, Reg. 3(1), Case 3A person whose leave to enter, or to remain, in the UK is subject to the condition that they do not have recourse to public funds is normally excluded from WTC and CTC. However, they can qualify for the tax credits if they are normally self-supporting but their funds from abroad have temporarily stopped. Provided there is a reasonable expectation that the funds will be resumed, they can claim tax credits. This might apply to a person such as an overseas student who is waiting for their Government to pay the next instalment of their grant.

However, this exemption can only be used for a total of 42 days during the whole period of the person’s leave to enter, or to remain, in the UK (including any extension to that period).