Is this fraud

dmg24

itsnotfair wrote: »

Well my knowledge is you have to prove you have the child benefit in order to get the CTC. It's all linked.

Your knowledge is incorrect. subsoniccoyote's knowledge is correct.

daska

It's also possible, according to the CB officer I spoke to when I rang to tell them about DS1 moving to live with his dad, for both parents to claim CB. Something to do with if they visited regularly and you paid at least £20/week maintenance. All sorts of funny quirks. DH missed out on a year of HRP because his ex continued claiming CB and CTC after his daughter came to live with us - and she stated in court several months previously that she was no longer receiving any benefits except IB!

sinstar

If he claimed for a child that wasn't living with him, yes that is fraud and he will be asked to repay the overpayment. But you will need to prove to tax credits that you have been the main carers for the child (shouldn't be too difficult).

Your own claim can only be backdated a maximum of 93 days though (so proof would only be required for this length of time really, but proving he has lived with you for 4 years would help prove fraud on the part of her ex & help more money be recovered).

You do not need to be in receipt of child benefit to receive child tax credits (ie. some families with join custody may decide one parent gets child benefit and one gets child tax credits). Tax credits usually verify the existence of children through child benefit but if you are not in receipt of child benefit you can prove the child exists using a birth certificate etc. And if the child wasn't in another claim they would take your word for it that you were the main carer for the child.

postmanpat68

subsoniccoyote wrote: »

Did her ex contribute to the financial welfare of the child? If so I don't see a major problem with him having claimed as he was a carer of the child even if not the main carer. At least the child, if he was helping financially, was providing for the child using money that the GF should probably have claimed in the first place. If he was not providing for the child then he is an [expletive]!

her ex does pay maintainance but then he has been claiming child tax credit. IMO one night a week is not a main carer and as i see it CTC is paying my g/fs maintainance payments( the tax payer). the whole system is open to fraud.

[Deleted User]

It is not the fault of TCO that someone claimed tax credits for their child though. He was detailed on the previous joint claim as a parent. Your GF didn't claim tax credits, so how are they to know he wasn't the main carer? What if both parents had agreed that one of them would claim child benefit and the other claim the tax credits?
Obviously there will be an enquiry now. The system is not as robust as it should as it has a pay now, check later policy after the initial claim has been processed but I cannot see them being at fault in this case.

lyndac40

Hi my daughter claimed wtc and ctc for her young brother in law when he went to stay with her coz of argument with his mum she only had to show birth certificate as his mum still got cb for him. x

Paparika

my ex tried to claim ctc for our son, ...... he does not live with him, my money got stopped, i kicked off because our son lives with me, and i should be the one receiving the money for our son, soon got it sorted, i could prove our son's address, he couldn't

Fran

daska wrote: »

It's also possible, according to the CB officer I spoke to when I rang to tell them about DS1 moving to live with his dad, for both parents to claim CB. Something to do with if they visited regularly and you paid at least £20/week maintenance.

I've never heard of two parents receiving Child Benefit for the same child. It is paid to "the parent with care". Even if 2 parents split the time 50/50 it still only goes to one parent. I would be very interested to know the exact circumstances if what you say is true. Or did you mean 2 parents being paid Child Ben for 2 different children?