help needed about family tax credits?

[Ladidi]

Re: help needed about family tax credits?

The way I understand it as I said before, only the person in receipt of the Child benefit can make a calim for further benefits. If you are not in receipt of this then you can make no claims.

If the child should choose to live elsewhere, you are entitled to the child benefit for a futher 6 weeks (upto). After this it has to be relinquished. Should the child live elsewhere, and the person in receipt of this refuses to relinquish, then DWP will write asking for information and can refuse to make further payments until it is resolved as to where the child resides.

Benefit payments are made to the person claiming the child benefit of the said child they are wanting to claim on behalf of, if you do not have this then you have no claim.

[theGobbyOne]

Re: help needed about family tax credits?

With regards to your friend, I dont know the legal implications of this, but I am sure if the department of work and pensions and CTC/WTC find out that they are paying out twice for the same kids, one of them will find themselves with a massive repayment claim. I understood that the implications of law stood at who ever was in receipt on child benefit for the child is the one and only one who can claim anything, if you are not being paid this, you are not entitled to anything full stop.

The grandparents dont claim anything for the kids as the mother still gets all benefits.............it was her bargaining tool for not opposing the residence order!!!!!!!!!!!!!!!!!!
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The way I understand it as I said before, only the person in receipt of the Child benefit can make a calim for further benefits. If you are not in receipt of this then you can make no claims.

If the child should choose to live elsewhere, you are entitled to the child benefit for a futher 6 weeks (upto). After this it has to be relinquished. Should the child live elsewhere, and the person in receipt of this refuses to relinquish, then DWP will write asking for information and can refuse to make further payments until it is resolved as to where the child resides.

Benefit payments are made to the person claiming the child benefit of the said child they are wanting to claim on behalf of, if you do not have this then you have no claim.

Strictly speaking Ladidi this is not altogether true....my hubby claims child benefit for all our kids and its NOT a joint claim bUT I claim the tax credits for them so am not sure if what your saying is correct...........Maybe I can claim because we are married adn living together BUT if I ring child benefit my hubby has to give them permission to speak to me as I am not named on the claim(dunno why).

[Ladidi]

Re: help needed about family tax credits?

The grandparents dont claim anything for the kids as the mother still gets all benefits.............it was her bargaining tool for not opposing the residence order!!!!!!!!!!!!!!!!!!

I guess this was agreed in the manner of a court case or agreement made that gave the grand parents custody and the mother benefits that are paid because of the kids. That would be different altogether if that was the case. In my own personal case when my step son came to live with us a few years ago his mum refused to relinquish the child benefit and WTC/CTC she was claiming, as we were on benefits at the time the DWP and CTC/WTC all refused to pay us anything for him as she was still entitled to claim this for 6 weeks after he moved in with us. We had to pay for his school dinners etc even though we were on benefits at the time. We argued that as the money is paid for the child and the child is no longer with her it should be given up, they stated as she is the mother of the child she can claim this for further 6 wks after this if she has not told us anything we will write and no longer pay her until matter is resolved.

Things may have changed since this happened with us. If it has I can only appologise for information given, I was merely speaking from personal experience with DWP and CTC/WTC.
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Strictly speaking Ladidi this is not altogether true....my hubby claims child benefit for all our kids and its NOT a joint claim bUT I claim the tax credits for them so am not sure if what your saying is correct...........Maybe I can claim because we are married adn living together BUT if I ring child benefit my hubby has to give them permission to speak to me as I am not named on the claim(dunno why).

I agree your claim maybe allowed due to you living together. I dont understand how they dont have your details for a family allowance claim though, Have you ever questioned this? Was it your husband who made the claim for this on behalf of the family? I`m at a loss with this one..Sorry

[breeze1996]

Re: help needed about family tax credits?

Gobby, I'm sure child benefit was is paid to the person who first sends in the claim, so your husband must have filled in and signed when the baby was born

Have just checked the proper website.

http://www.hmrc.gov.uk/childbenefit/claiming.htm

Jules2008 it says a claim can be made by someone else for Child Benefit if the child lives with them, and after 8 weeks of the child not living with you they can stop your money.
If he was nasty the dad could do this to you. Bet he knows this too.

[Happyolddog]

Re: help needed about family tax credits?

considering i had to get a special order from the court at one point and he was not allowed within 100 yards of where i am living it may have expired i was suprised to see him.
Is this still enforcable?

apparently he and his new partner are going to CAB to get custody of our son and claim any extra benefits they may be entitled to.

I also had a nasty message from his current partner which she left on answer phone so i have not deleted the messages she left me and from what i can gather she believes i am not entitled to the benefits i have been claiming for my son. she also believes that i am a terrible parent and immoral apparently.

Anyway sorry for going on but my question is who is entitled to claim benefits for my son i get family working tax credits and family allowance (which is not means tested) and that is it? would i still be entitiled to claim working tax credits as my son stays with me as equally as he does his father currently?

my ex and his partner are both not working currently and he does not pay me maintenance.
If your ex and his new partner are not working how can they claim WFTC? I thought it was only for families where one member or both are working and not for non working families.
can anyone help?

Good Luck,
Hod.

[jules2008]

Re: help needed about family tax credits?

hi all thanks for your replies.

i dont think the court order is still enforcable but i would have to go back to court to get another one if necessary and it could be easier as i had before.

they are both not working currently so they could not claim WFTC but i think that he is looking for work so then they would be able to. what benefits could they claim for whilst being unemployed for my son?

so are you saying if they are not working i can still claim WFTC until one of them gets a job?

at the moment though he does not even have parental responsibility let alone anything else but is this just a matter of filling in a form?

[jules2008]

Re: help needed about family tax credits?

HM Revenue Customs: Claiming tax credits if your child lives at more than one address

just found this so i think that clears it up.

I am the parent who has legal custody of my son at present and i dont think they would be able to get it or it is a long drawn out process. any way we will see

[fuzzybrain]

Re: help needed about family tax credits?

Getting PR can be difficult if the other party doesn't agree that PR should be given. Example - If your ex applies for PR then you are sent a form asking for your permission for this to be granted - for you to share your parental rights. If you refuse then his application will go before a children and families judge for a decision. He will then listen to both parties as to why PR should and should not be granted. From this he may order further assessments and a Children's Guardian may be appointed (this is a solicitor that will act solely on your child's behalf to decide what is in his best interests and they are appointed from CAFCASS) They will then meet will all parties and submit their assessment to the court. Given your son's age, his wishes and feelings will be strongly taken into account and presented to the court, even if the guardian does not feel that his wishes are in his best interest.

If your ex is still persuing your son residing with him then it is extremely likely that if the case has to go to court for PR then his solictor will also put forward a Residence Order request at the same time for the judge to consider.

The CAB will be of no help to your ex in respect of residence and PRexecpt to give him a list of family law solicitors in the area - they very rarely get involved in situations as these because they are so complex.