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Ordinarily resident in the UK

To qualify for tax credits, you must be 'ordinarily resident' in the UK. This means you normally live in the UK, and have chosen to stay and settle here for the time being. When the Tax Credit Office decide if you're ordinarily resident in the UK they'll look at:

• where your settled home is
• where your close family live
• how long you've lived in the UK
• why you came to the UK
• if you plan to leave the UK for good in the next two or three years

The UK is made up of:

• England
• Scotland
• Wales
• Northern Ireland

It doesn't include the Isle of Man or the Channel Islands.

Present in the UK

As well as being ordinarily resident in the UK, you also have to be physically present to qualify for tax credits. However, you can continue to be treated as present in the UK if you leave to go abroad temporarily.

Leaving the UK temporarily

When you go abroad, you'll keep getting tax credits for:

• up to 12 weeks if you're abroad to get medical treatment for yourself, your partner or your child
• up to 12 weeks because of the death of your partner, a child or a close relative of either you or your partner
• up to eight weeks if you're out of the country for any other reason

If you're expecting to move away permanently or you're going away for a year or more, let the Tax Credit Office know before you leave. You will stop being entitled to tax credits from the date you leave the UK.

If you're out of the UK for more than eight or 12 weeks, your tax credits claim may come to an end depending on the reason for your absence. You won't get any more tax credits until you make a new tax credits claim when you come back to the UK.

• Can you claim tax credits if you live outside of the UK?

What you need to do if you've made a joint claim

If you or your partner go abroad for less than 52 weeks you're still treated as if you’re in the UK for the first eight to 12 weeks – depending on the reason you’re going. Your joint tax credits claim will usually carry on for that period of time. But once the eight or 12 weeks are up, whoever stays behind in the UK will need to make a new single tax credits claim.

If you or your partner expects to go abroad for more than a year, the person who stays behind in the UK will need to make a new single tax credits claim.

If you have children, the partner making the single claim may also be able to get help with childcare costs.

You must report these changes within one month, or you could be paid too much money (an overpayment) which you may have to pay back. You may also be charged a penalty of up to £300.

Example 1

David and Janet are married with two children. Janet's father in Australia dies and she has to go there for 18 weeks to sort out the funeral and other arrangements. Their joint claim can continue for the first 12 weeks that Janet is abroad. But David then has to make a single claim for the final six weeks that Janet's away.

Seafarers and offshore workers

If you're a seafarer or an offshore worker you'll be able to keep on claiming tax credits if you're outside the UK. But each period that you work outside the UK must be eight weeks or less.

The Tax Credit Office will treat you as being in the UK as long as you're inside the UK's territorial waters - 12 miles out from the low water mark. If you're working outside this limit you can only be away from home for up to eight weeks at a time before your tax credit award ends.

Example 2

Ahmed works on a fishing boat that's always outside UK waters. He works four weeks on, four weeks off. Because his working periods outside the UK are less than eight weeks, he can keep on claiming tax credits.

Example 3

John and Andrea are married so must make a joint tax credits claim. John works on an oil rig that's based outside UK waters. He works for periods of ten weeks before retuning home. John and Andrea can claim tax credits jointly for the first eight weeks, and then Andrea must make a single claim until John returns home. They must then make a new joint claim for tax credits.

Contact the Tax Credit office

If you need more help you can call the Tax Credit Helpline on 0845 300 3900, or textphone 0845 300 3909 if you are deaf or have a hearing or speech impairment (open from 8.00 am to 8.00 pm every day except Christmas Day, Boxing Day and New Year's Day).

If you're calling from overseas you can also contact the Tax Credit Office on +44 289 053 8192.

More useful links

• How to claim tax credits