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child tax possibility son studying away

There is a possibility my son will be staying with his estranged dad (no pr) to study. He will be my responsibility i will be paying him equivalent of ema as he wont qualify on my and new partners earnings. As he is lodging there against my advice but is legally old enough to leave and make this decision who can claim ctc? myself or his dad who has no parental responsibility through mental illness grounds

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  • [Deleted User]
    [Deleted User] Posts: 4,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 16 June 2010 at 5:01PM
    tkwad wrote: »
    There is a possibility my son will be staying with his estranged dad (no pr) to study. He will be my responsibility i will be paying him equivalent of ema as he wont qualify on my and new partners earnings. As he is lodging there against my advice but is legally old enough to leave and make this decision who can claim ctc? myself or his dad who has no parental responsibility through mental illness grounds

    If your child is not living with you you can not claim child tax credits. His father can claim regardless of PR or mental health status if that is where your son will be living!


    ETA - His father would also be the person to claim Child Benefit not you if he is living there. He would also be able to get his EMA reassesed based on his Fathers income so may then qualify.
  • AnxiousMum
    AnxiousMum Posts: 2,709 Forumite
    Part of the Furniture Combo Breaker
    You don't say how old your son is or what type of education he will be entering. This too will factor into whether or not his father will be able to make any claims for him.
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