advice for daughter

Caz3121

my daughter has a 3 year old with her ex and they split up fairly amicably, he works full time on a low wage and she works 2 jobs fitting round nursery/childcare. As daughter works late shift 2 nights a week, daddy picks him up after his work from nursery and has him overnight dropping him back off at hers at 7am the next morning, he also has him Sat night as she works all day on a Sunday and she picks him up Sunday tea time after work. (so with daddy 3 nights a week)

Dad pays no maintenance (says can't afford it and she gets all the benefits) and is annoyed that he cannot get the child benefit and tax credits or any help with his rent (he is under 25) that she gets and went to the Citizens Advice, told them he is the main carer and has him 4 nights a week, telling them that she works full time. He took some pleasure in telling her he will entitled to the child benefit and tax credits.

All her money has now been suspended whilst they investigate

I've helped her out with money for food (she has used all her wages to pay rent/council tax) but does anyone have any idea how long this takes to sort out and what she should do first?

karenx

What they will do is write out to your daughter to find out who is the primary carer. It could take some time to work it all out. If its found he has the child 4 days a week then yes thats right he will then get the child benefit and child tax credits and this will stop for her.

newyearnewme_2

As far as I am aware it is number of nights not days that is used when deciding who is the primary carer, but others facts such as who washes clotes, where are toys stored, whose address child is registered at docs, school and dentists are also considered. Although at moment NRP is not paying maintanace, the PWC is entitled to claim. As the NRP has child 3 nights a week then the PWC is entitled to 15% of the NRP's net wage in maintenance per week minus 3/7 i.e NRP net earnings are £300. 300 / 100 x 15 = £45. 45/7 x 3 = £19.29. So maintenance would be £45 - £19.29 = £25.71 also the PWC is entitled to Child Benefit, Child tax credits and working tax credits. If they can not agree between thmselves who is the PWC then this can take weeks to resolve whilst the authorities try to determine who is the PWC. Would it be best for your daughter to offer him some of the benefits? or if he earns less then her he claims and gives her some of the benefits? As imho I do think the current system is biased towards the PWC where there is shared care.

bebewoo

Whoever pays for the childcare should get the tax credits, does she pay for it?
It's on the tax credits application form about how much childcare costs, how many hours etc. If he's not paying for the childcare he shouldn't get the credits. Or if he wants the tax credits he should pay for the childcare.

Loopy_Girl

But he only has him overnight for 3 nights (2 when she works late and on a Sat night) so she has him for 4 nights and is therefore the main carer and will be entitled to the CB and tax credits. Methinks someone at the CAB isn't clear on the CSA guidlines i.e they counts nights not days.

Unfortunately I don't know how long they will take but I would get her to push for it and say as a lone parent she is suffering severe hardship due to this loss of money.

Loopy_Girl

bebewoo wrote: »

Whoever pays for the childcare should get the tax credits, does she pay for it?
It's on the tax credits application form about how much childcare costs, how many hours etc. If he's not paying for the childcare he shouldn't get the credits. Or if he wants the tax credits he should pay for the childcare.

Tax credits are made up of many elements and not just childcare so your comment is wholly incorrect.

The main carer gets the CTC plus any WTC they are entitled to. The other carer could get WTC if they were entitled to it (which in this case they wouldn't be as they are under 25).

Caz3121

thanks all - he has him from 6pm to 7am 2 nights and 24 hours from 6pm Sat to 6pm Sunday so it is indeed 3 nights, she sorts and pays for the nursery (with help from tax credits) takes him to nursery every session although daddy collects him 2 days. She takes him to the doctors and the dentist etc and it is her address that is registered everywhere

It is quite an unfair system - he can get no help as he is under 25 and he is a really good daddy but sees that he has him 3 nights and she has him an extra night and gets all this help and he should have his share, if there were 2 children they would probably claim for one each as that would be fair however that is not the case

Loopy_Girl

She could offer to give him a proportionate amount then? Work out how much she gets and then give him his share....nothing stopping her doing that and no one would give her a 'row' (so to speak!!)

Sometimes keeping a good relationship between Mum/Dad and, more importantly, Dad and junior is way way more important than a few pounds;)

newyearnewme_2

As I said previously I do think the NRP is unfairly disadvantaged with shared care however giving him a proportionate amount may not be fair to the PWC as the tax credits, LHA (local housing allowance) and any council tax benefit will be based on her salary (i am assuming she is getting help with rent and council tax also). It may be an idea to put his details with one child into entitled.com and see what he would be entitled if he was the PWC and then try and reach a compromise from there. Even if they were both to have child exactly the same amount i.e one week off, one week on they still both couldn't claim to be the PWC one would be classed as PWC and one NRP and the NRP would still be expected to pay maintance but the formulae is reduced to 15% of net wages per week divided by 2.