Some more help needed.

mum2one

me again, just found a link that will be useful.

Its a goverment based site, so the information will be legal and up to date, may be able to answer some questions xx
http://www.direct.gov.uk/en/Parents/ParentsRights/DG_4002954?CID=emc&TYPE=sponsoredsearch&CRE=Parents

Kimitatsu

Thats why GM can claim for both Mum and grandchild because Mum is still classed as a dependant on GM as she is in full time education.

Because of this then GM does not need Dads permission to claim these benefits as GM is the responsible adult (because Mum is still in full time education she can still be classed as a child until she is 19) GM wont have to apply for parental responsibility, but neither will it automatically be agreed - currently she is the carer of the child because she is carer of Mum too.

For Dad to be classed as the Parent With Care (PWC) then he needs to have the baby for 4 nights out of 7 then he is classed as the main carer. Currently on the basis of Thursday to Saturday night and returning on Sunday then he does not have the baby for 50% of the time. If he can get them to agree to 4 nights a week then he can apply for all of the benefits in his own name, be aware that CTC and healthy start vouchers are means tested.

Would Dads parents support a residency application? Sounds like he has ample support at home to help him, but his parents would have to support any such application. Because Mum has a babysitter etc regardless of how much she is percieved to be there as long as the baby is well cared for then there is no reason to remove it unless it would be better off with Dad.

Dad should not be having to buy nappies etc, the benefits that GM already gets cover this. I would suggest that Dad goes through the CSA (Dad can also open a claim just as Mum can) and allows them to define the amount he has to pay, then there are no issues. If Dad chooses to contribute more then that is his decision.

shell_542

Sorry Nicky, I misunderstood and thought you meant they only registered the child recently so benefits were sorted before hand ... duh! Registering needs to be done before benefits can be claimed. :rolleyes:

Mum2one had some good advice. I'd be looking into the free consultations with solicitors and seeing what legal aid/help I can claim.

The problem with the money issue is that, yes the GM should be buying things for the child, but he's not going to let his child go without nappies and milk so she can get away with it knowing he'll buy things. It's a shame.

Nicky321

Kimitatsu wrote: »

Thats why GM can claim for both Mum and grandchild because Mum is still classed as a dependant on GM as she is in full time education.

Because of this then GM does not need Dads permission to claim these benefits as GM is the responsible adult (because Mum is still in full time education she can still be classed as a child until she is 19) GM wont have to apply for parental responsibility, but neither will it automatically be agreed - currently she is the carer of the child because she is carer of Mum too.

For Dad to be classed as the Parent With Care (PWC) then he needs to have the baby for 4 nights out of 7 then he is classed as the main carer. Currently on the basis of Thursday to Saturday night and returning on Sunday then he does not have the baby for 50% of the time. If he can get them to agree to 4 nights a week then he can apply for all of the benefits in his own name, be aware that CTC and healthy start vouchers are means tested.

Would Dads parents support a residency application? Sounds like he has ample support at home to help him, but his parents would have to support any such application. Because Mum has a babysitter etc regardless of how much she is percieved to be there as long as the baby is well cared for then there is no reason to remove it unless it would be better off with Dad.

Dad should not be having to buy nappies etc, the benefits that GM already gets cover this. I would suggest that Dad goes through the CSA (Dad can also open a claim just as Mum can) and allows them to define the amount he has to pay, then there are no issues. If Dad chooses to contribute more then that is his decision.

Thanks for your reply, Dad is having his daughter Thurs, Fri, Sat & Sun returning her on monday, again this week, as he did last week. I rang CSA on behalf of the dad, and explained his situ, they advised that because he is in H/E the most he would have to pay would be £5.00 and this would be disregarded if he had his child stay over 1 night per week. Currently his child is staying 3 or 4 nights each week and he is providing financially for his child in the way of nappies, food, clothes, car seats, pram, toys etc and he is not classed as being financially responsible because he isnt in receipt of CB, or CTC and therefore is unable to claim PLA to help him out with UNI or financially bringing up his child. I think its wrong!
I will try and get him to ring round a few solicitors etc and follow all other advice given on here.

Nicky321

shell_542 wrote: »

Sorry Nicky, I misunderstood and thought you meant they only registered the child recently so benefits were sorted before hand ... duh! Registering needs to be done before benefits can be claimed. :rolleyes:

Mum2one had some good advice. I'd be looking into the free consultations with solicitors and seeing what legal aid/help I can claim.

The problem with the money issue is that, yes the GM should be buying things for the child, but he's not going to let his child go without nappies and milk so she can get away with it knowing he'll buy things. It's a shame.

Thanks shell, no prob.

mum2one

shell_542 wrote: »

Sorry Nicky, I misunderstood and thought you meant they only registered the child recently so benefits were sorted before hand ... duh! Registering needs to be done before benefits can be claimed. :rolleyes:

Mum2one had some good advice. I'd be looking into the free consultations with solicitors and seeing what legal aid/help I can claim.

The problem with the money issue is that, yes the GM should be buying things for the child, but he's not going to let his child go without nappies and milk so she can get away with it knowing he'll buy things. It's a shame.

Thank -you. x

Kimitatsu

Nicky321 wrote: »

Thanks for your reply, Dad is having his daughter Thurs, Fri, Sat & Sun returning her on monday, again this week, as he did last week. I rang CSA on behalf of the dad, and explained his situ, they advised that because he is in H/E the most he would have to pay would be £5.00 and this would be disregarded if he had his child stay over 1 night per week. Currently his child is staying 3 or 4 nights each week and he is providing financially for his child in the way of nappies, food, clothes, car seats, pram, toys etc and he is not classed as being financially responsible because he isnt in receipt of CB, or CTC and therefore is unable to claim PLA to help him out with UNI or financially bringing up his child. I think its wrong!
I will try and get him to ring round a few solicitors etc and follow all other advice given on here.

You are welcome

If he is regularly having his child for this amount of time then he needs to be keeping a record of it - along with anything he is buying for her. I realise that at the moment it is all fairly amicalble etc but this is a fairly new situation and being prepared is what it is all about. That way should he decide to put in an application for residency then he already has the evidence that he needs.

Nicky321

when he returns his daughter next monday, he will have actually had her at least 15 days out of 28 days.

mum2one

Just popped by to see how ur getting on with it all, xx