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HMRC internal manual

Tax Credits Technical Manual

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HM Revenue & Customs
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Entitlement: Immigration rules: Transitional rules: asylum claims before 3 April 2000

The Tax Credits (Immigration) Regulations 2003, Reg. 5(a), (b) and (c)(ii)

A person subject to immigration control can still claim CTC if he was entitled to support for his children through income support or income-based jobseeker’s allowance for the period immediately before he would be awarded CTC provided he claimed asylum on arrival in the UK from outside the Common Travel Area, and that claim was recorded as being made before 3 April 2000.

The “Common Travel Area” is the United Kingdom, the Republic of Ireland, the Isle of Man and the Channel Islands.

“Arrival” does not include re-entry to the UK.

This transitional protection only lasts for as long as the person continues to count as an asylum seeker. A person ceases to be an asylum seeker for these purposes when the Home Office makes a decision on their claim. They cannot continue to benefit from this transitional exception after such a decision, even if they are pursuing an appeal against that decision.