Is this allowed

oesd31

My ex wife claims child benefit and child tax credits for our 16 year old daughter. Our daughter had a baby of her own earlier this year and now my ex claims CB and CTC for both our daughter and grandchild as she says she is responsible for them both. Daughter has enrolled on a college course (have heard she is making excuses up no to go) and has claimed childcare allowance under the care to learn scheme to do this you must have a depenant child and be the childs main carer.
As our daughter is over 16 she could claim the CB and CTC herself but this would invalidate my ex's claim for CB and CTC.
Does anyone know if they are both allowed to claim or should it be one or the other

Oldernotwiser

You can't have 2 people claiming for the same child! I'd also be careful about your daughter claiming the childcare allowance and not going to college as she may end up having to repay it.

oesd31

Thanks that what I thought.
I pay maintenance for my daughter through the CSA and whilst CB is still being paid to my ex the CM continues. I have never had any objection for paying for daughter but I object to being screwed. I think they are claiming this way to get maximum benefit off the state and CSA. It does seem right that they can get away with this.

Oldernotwiser

Also, if your daughter leaves college your ex will lose CB and CTC for her.

oesd31

My daughter could claim CB and CTC herself as she is over 16. My ex would then lose CB and CTC for our daughter and as you say if our daughter left college then ex would lose the benefits. If my ex couldn't claim CB then I would not have to pay the CSA and I could make a private arrangement to help our daughter through college.
It just doesn't seem right that they can both make claims as being responsible/main carer of the baby.
When I have spoken to both the CB and CTC they say they have never heard of the care to learn scheme yet it is another government agency. I am at a loss on what to do next

lil_me

Your daugther could claim CB, CTC and probably Income Support for herself and her child. I am suprised they haven't been advised to do so already. That way of course you could then assist your daughter directly with college. Would it not be possible for her to live with you if she isn't ready to live on her own, might reduce her mothers control over everything as it appears (just based on the info you have given) she is doing at the moment.

oesd31

Is it possible to claim income support when at college? It is not possible for my daughter to live with me as I live in a 1 bedroom flat which is rented and under the terms of the lease children are not allowed. My ex is claiming this way to get maximum money. My daughter and her child live with my ex and if she claimed in her own right then my ex would lose CB and CTC for daughter and in turn CSA.

lil_me

Depends how many hours she does at college, if she does under 16 hours in lessons I think so. If your ex doesn't work she won't get anything over £10 of the CSA money anyway as it's reduced from her IS. Yes your EX would loose her money as she probably sees it but it'd help your daughter stand on her own feet a little more financially then of course she'd have to agree an amount to pay in board to your EX if she chose to continue living there. Your daughter doesn't have to allow her to claim CTC/CB for her daughter, that's her choice, not her mothers, also you do get a lower rate for each additional child so what your daughter could claim for her own child would be slightly higher for CB than what her mother can claim for both of them.

If she's already making excuses not to go then she needs to discuss with someone if she wants to go. If she stops going they will stop CB and CTC if she's not in full time education, hence my suggestion to study part time and claim in her own right.

SuziQ

If what she is doing is legal (which I have no idea about) I'm not sure what your problem is-you sound a bit miffed over the CM issue and determined to try and cause trouble. Many men pay CM up until 18 and beyond (voluntarily) if their child goes to Uni. I expect the new baby has given your ex wife quite a lot of work and responsibility and what she is doing for child and grand-daughter must far surpass what imput you have had.

Could you maybe just try to forget whtever problems in the past have caused such bitterness and resentment and offer whatever support you are able to? No matter how bad it may look,your ex may in fact have your daughters' best interests at heart you know. We are not all money-grabbing monsters!

[Deleted User]

SuziQ wrote: »

If what she is doing is legal (which I have no idea about) I'm not sure what your problem is-you sound a bit miffed over the CM issue and determined to try and cause trouble. Many men pay CM up until 18 and beyond (voluntarily) if their child goes to Uni. I expect the new baby has given your ex wife quite a lot of work and responsibility and what she is doing for child and grand-daughter must far surpass what imput you have had.

Could you maybe just try to forget whtever problems in the past have caused such bitterness and resentment and offer whatever support you are able to? No matter how bad it may look,your ex may in fact have your daughters' best interests at heart you know. We are not all money-grabbing monsters!

But if the ex had any sense she would realise that if the daughter claimed in her own right then child benefit would be higher(about £9 per week)
and possibly ctc would be higher

oesd31

If my daughter claimed in her own right which she could my ex would lose the CB and CTC and CM for daughter so my ex would be worse off. My ex works full time so isn't on IS. This is why they are claiming the way they are. I am just trying to find out if they can legally both claim for baby ie ex claims CB and CTC for both and daughter claims for childcare under Care to Learn.
I wouldn't want my daughter to end up in a position where she would have to pay money back that is wasn't entittled to.
I would like to help my daughter out more but whilst paying CSA I cannot. I have already sold my house to meet the payments and that is why I live in a 1 bedroomed rented flat.