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CTC and joint residency ("custody")
Strapped
Posts: 8,158 Forumite
Hi, could anyone tell me please how CTC works in the case of joint residency of the children?
Also, if the children's father were to claim the child benefit, would this affect the mother's claim for CTC? Have looked at the CTC website but it's all a bit woolly.
TIA.
Also, if the children's father were to claim the child benefit, would this affect the mother's claim for CTC? Have looked at the CTC website but it's all a bit woolly.
TIA.
They deem him their worst enemy who tells them the truth. -- Plato
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I could be wrong but...i think whichever parents gets the Child Benefit will get the Child Tax Credits.Hit the snitch button!member #1 of the official warning clique.
:j:D
Feel the love baby!0 -
my ex and i have joint custody but our son lives with me 90% of the time therefore i claim the child benefit and CTC.. (just as well as ex doesnt pay maintenance but thats another story lol)
i think the person who has the most residency claims and i agree with the above post whomever claims one claims the other,, well thats myunderstanding
HTHWhen you know better you do better0 -
My son stays 50/50 with me and his dad.. his dad claims the child benefit, and he gets the tax credits..
I do think the system needs to be changed, as i put, its 50/50.. but as the "ex" gets the CB and TC, i still have to pay maintenance, and try to feed the lad with no help from his dad..0 -
The tax credit application form asks specifically for the child benefit number so usually the person claiming the child benefit also gets to claim the tax credits.
If you and your ex get on well then you can come to an agreement about who claims both benefits and perhaps adjust child maintenance payments so that money designated for the welfare of the children is distributed more fairly. Also it might be worth considering who would be awarded a higher amount of tax credits when deciding who should make the application.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
There has been a recent historic decision by the Appeal Court which is known as 'Hockenjos' (the name of the claimant). The Court decided the Secretary of State (the DWP in other words) discriminated against men by nearly always awarding CHB (Child Benefit) to women when there was shared care. In this case it meant Mr Hockenjos was not entitled to any dependant addition in his JSA as he did not have the CHB so in reality his child was 'invisible' for other benefit purposes.
It's a bit too much to go into here but if you put 'Hockenjos' in a search engine it should come up.
When there are decisions such as this it often has an impact on other benefits as well. Anyone who is in a similar position should seek expert advice (and that goes for women as well if it's the father who has all the benefits)
Unfortunately CTC and CHB don't come into this but test cases need to get up an running so the law is changed as there is so much more shared care now.
Although not ideal I have a couple of different clients where one gets the CTC and the other the CHB. You do NOT have to be in receipt of CHB to get CTC.
Child Benefit is a different kettle of fish. If there are two people who claim CHB it goes to a dispute team who look at a number of issues to decide who they think is the primary carer. There is no right of appeal against them deciding who to pay and the only remedy is by judicial review. It is impossible to do this without a solicitor but you might well be entitled to free legal advice if you are on a low income.
For all the parent who have shared care I would strongly advise you to make your own claims and if you are refused see if you can proceed further with it even if it means getting some expert help. If you don't try you won't get anywhere.I'll get you, my pretty, and your little dog too!0 -
Thank you to everyone for your replies. Suelees1, that is especially helpful to know, thank you. I am actually trying to get the info for my sister, as she and her ex have agreed shared care, but he has now asked to claim the child benefit and she is wary about what else that would impact. Clearly she is right to be a bit wary, but I think she has also been advised now that it is possible for her to continue to receive CTC if he claims CHB. (Although she has just had a big hiccup with the CTC payments anyway, but that's another story).
Any idea how it is decided who is the "primary carer"? If it were purely nights per week, then it would be her ex but she has them more waking hours so naturally she'd say that she was lol.They deem him their worst enemy who tells them the truth. -- Plato0 -
They look at all sorts of things so I can't really be specific. It's not just hours although this is a big part of it. They even look at the financial impact of not awarding benefit to one party.I'll get you, my pretty, and your little dog too!0
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Thank you to everyone for your replies. Suelees1, that is especially helpful to know, thank you. I am actually trying to get the info for my sister, as she and her ex have agreed shared care, but he has now asked to claim the child benefit and she is wary about what else that would impact. Clearly she is right to be a bit wary, but I think she has also been advised now that it is possible for her to continue to receive CTC if he claims CHB. (Although she has just had a big hiccup with the CTC payments anyway, but that's another story).
Any idea how it is decided who is the "primary carer"? If it were purely nights per week, then it would be her ex but she has them more waking hours so naturally she'd say that she was lol.
I would be careful - moving who gets the Child Benefit changes who is the PWC in the CSAs eyes. In summary if your sister let her Ex claim the Child benefit then she could not claim maintenance from CSA, and her ex could claim it from her!0 -
i am a mother of 3 who split with my ex 3 years ago my ex and i went to court for residency he was being extremely nice to me at the time and told me about shared care and convinced me that it would be in the best interest of the children so as we were friendly at the time i agreed. after court everything changed he became nasty and controlling to the point that i was giving him half my child and working tax credit. I finally woke up after 9 months of doing this and the amount of debt he had left me with that he refused to pay. 3 years later i have now applied to the court for residency as my children are living a nightmare between his house and my house. I get the child benifit and tax credit and live in a rented house dont have a car and am registerd disabled, He lives in his own house drives a bmw pays for childcare when i have offered to have them and pleads poverty when i ask him for help with the school uniform and uses the fact that i get the benifits he doesnt pay maintinence and i still have the debt letters from 3 years ago coming through my front door.
Question is do you think i should apply for maintenance?0 -
You may get more replies if you start your own thread.They deem him their worst enemy who tells them the truth. -- Plato0
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