child tax credits

bert-09

Hi everyone, wonder if anyone can answer my questions. I have a partner and her 13 yr old child lives with us. We claim working tax and child tax credits.

My ex wife has remarried and we have two children together who mostly live with her but stay with us at weekends, some nights during the week and holidays etc.

My ex wife doesnt claim any working or child tax credits as they earn too much. My ex wife does get the child benefit tho. Is it possible for me to claim child tax credits for my two children?

Also my ex wife has told me that she may be out of work early next year at which point she would obviously claim benefits for herself and the children, if she did claim benefits for the children, could I still claim child tax credits for my children? many thanks in advance.

DX2

There are several factors you need to consider when deciding who has main responsibility for a child or young person

• Where they physically live

• Any court orders in force covering arrangements for their care

• Their official address

• Where they go to school and who the school regards as the person to contact

• The location of their doctor and whose address is registered with the doctor

• Where their personal possessions are kept

• Where they stay when they are ill

Where the main responsibility is finely balanced you may also need to take account of the financial effects on both parties of awarding or denying entitlement and whether the decision might impact on the ability to provide assistance and maintain contact.
Note: When you are looking at disputed or shared care cases, you must not use Child Benefit as a determining factor. The receipt of Child Tax Credit is not dependent on the receipt of Child Benefit.
http://www.hmrc.gov.uk/manuals/ntcmanual/applica_appl_wl/ntc0050230.htm

nannytone_2

child tac credits ARE benefits for children.
If your ex claimed benefits for the childre, it would be child tax credit that she claimed.

Kimitatsu

bert-09 wrote: »

Hi everyone, wonder if anyone can answer my questions. I have a partner and her 13 yr old child lives with us. We claim working tax and child tax credits.

My ex wife has remarried and we have two children together who mostly live with her but stay with us at weekends, some nights during the week and holidays etc.

My ex wife doesnt claim any working or child tax credits as they earn too much. My ex wife does get the child benefit tho. Is it possible for me to claim child tax credits for my two children?

Also my ex wife has told me that she may be out of work early next year at which point she would obviously claim benefits for herself and the children, if she did claim benefits for the children, could I still claim child tax credits for my children? many thanks in advance.

If your children stay with you an average of 4 nights a week over the course of the year then you could argue that you are their primary carer and so could claim tax credits for them. If less than that then your ex wife is the primary carer and so you can not.

I dont understand the last paragraph - you cannot both claim benefits for the same children, unless you each claim for one child.

bert-09

Thanks for your replies. I eventualy got through to the tax credits helpline and explained my ex wife didn't claim any working or child tax credits but my partner and I did. I was informed that I COULD claim the tax credits for my children as they are NOT a benefit in the same way as esa or jsa or child benefit, they are, as they say, a tax CREDIT for the children and as I care and feed etc for them as well as their mother and I am already claiming tax credits, I am allowed to claim them.

Tax credit awards are nothing to do with who is the main carer or who claims child benefit. I was informed I could add them to my claim, all I have to do is send off their birth cetificates, and nat ins. numbers to verify if they exist or not. They said when they process these details it will automatically show up whether any tax credits are already been awarded to them, and as there arn't, they will go onto my claim which will be backdated up to 3 months.

In the last part of my first post, by saying if my ex wife claimed benefits, I meant things like jsa or similar. thanks to all.

DX2

bert-09 wrote: »

Thanks for your replies. I eventualy got through to the tax credits helpline and explained my ex wife didn't claim any working or child tax credits but my partner and I did. I was informed that I COULD claim the tax credits for my children as they are NOT a benefit in the same way as esa or jsa or child benefit, they are, as they say, a tax CREDIT for the children and as I care and feed etc for them as well as their mother and I am already claiming tax credits, I am allowed to claim them.

Tax credit awards are nothing to do with who is the main carer or who claims child benefit. I was informed I could add them to my claim, all I have to do is send off their birth cetificates, and nat ins. numbers to verify if they exist or not. They said when they process these details it will automatically show up whether any tax credits are already been awarded to them, and as there arn't, they will go onto my claim which will be backdated up to 3 months.

In the last part of my first post, by saying if my ex wife claimed benefits, I meant things like jsa or similar. thanks to all.

Oh how wrong is this post...oh benefit of doubt not allowed to judge

shell_542

Have you worked out how much the children are with you over the course of a year? If 50%, then yes, you would be able to claim as their Mum isn't. But if less, then tax credits are normally paid to a parent who is either the Parent With Care or sharing 50% care with the other parent. When you spoke to Tax Credits, did you tell them you are not the "main carer" if the time you have them is less than 50%?

Even if you were able to claim now, if their Mother stopped work next year and their household income fell low enough to claim tax credits and she claimed herself, you would probably lose it to her if she has the main responsibility of the children, ie. they live with her more than 50% of the time, she makes the most financial contribution out of the two of you ...

bert-09

I explained exactly that my children stay most weekends, holidays etc before she asked me. She told me that child benefit is given to the main carer based on where they are registered for doctors, school, and amount of time they live with her, I have no problem with who gets the child benefit. She explained, as I mentioned earlier, that the claim for child tax credits doesn't depend on these factors, only on the fact I am claiming tax credits and my ex wife isn't.

Therefore I can claim as the child tax credits are for the children, as it is to be used by me for their welfare whilst they are with me. I also rang benefits helpline and they varified this. I will be making a claim anyway and keep you all posted. thanks again everyone.

Killmark

bert-09 wrote: »

My ex wife doesnt claim any working or child tax credits as they earn too much. My ex wife does get the child benefit tho. Is it possible for me to claim child tax credits for my two children?

Also my ex wife has told me that she may be out of work early next year at which point she would obviously claim benefits for herself and the children, if she did claim benefits for the children, could I still claim child tax credits for my children? many thanks in advance.

So basically as not much point her claiming due to income so you want to instead?

Nothing stopping you doing this but if in the future she makes a claim for CTC as well and you choose to dispute it then it will likely come down to who the primary carer is.

bert-09

It wouldn't bother me if their mother was able to claim it at the moment. As I said she cant because of her income. Its simply a case of, they are my children and if, because I claim tax credits, that means I can claim child tax credits for them, then I will.

Its money for them, which, according to the tax credits person I spoke to, I am allowed to do. I still pay towards their upkeep at the moment, £20 a wk to their mother, pay towards clothes, food whilst they're with me, holidays, pocket money and monthly mobile contracts etc etc.

My partner and I do both work, me fulltime and my partner 28 hrs a wk . If I am allowed to claim, I will. I would think I'm not the only one who didn't even know you could do this in the first place. thanks again

DX2

bert-09 wrote: »

I explained exactly that my children stay most weekends, holidays etc before she asked me. She told me that child benefit is given to the main carer based on where they are registered for doctors, school, and amount of time they live with her, I have no problem with who gets the child benefit. She explained, as I mentioned earlier, that the claim for child tax credits doesn't depend on these factors, only on the fact I am claiming tax credits and my ex wife isn't.

Therefore I can claim as the child tax credits are for the children, as it is to be used by me for their welfare whilst they are with me. I also rang benefits helpline and they varified this. I will be making a claim anyway and keep you all posted. thanks again everyone.

I take it you didn't actually read my post, which is this decision makers guide for shared care regarding working/child tax credits. If you read it, it kinda blows your posts out the window wouldn't you say. Your ex wife must be earning a fortune if she isn't entitled to child tax credits :think: IIRC the cut off point for CTC is £50,000.