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mother claiming benefits for children when they dont live with her

Please help

This is about my brother.

He cares for two children one is his, one is his ex wife's

His ex claims child benefit for both children and disability for one child and both children live with my brother.

Child getting disability is very poorly and he isnt thinking straight and also is bullied by ex.

what can i do to help sort this out.

She managed to get the disability as macmillan visited the hospital when she was there and filled in all the forms with her.

Comments

  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    go to court to clarify custody arrangements, get it formalised, then tackle the benefits.
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • bestpud
    bestpud Posts: 11,048 Forumite
    You can't do anything if he isn't prepared to stand up for himself!
  • escortg3 wrote: »
    Please help

    This is about my brother.

    He cares for two children one is his, one is his ex wife's

    His ex claims child benefit for both children and disability for one child and both children live with my brother.

    Child getting disability is very poorly and he isnt thinking straight and also is bullied by ex.

    what can i do to help sort this out.

    She managed to get the disability as macmillan visited the hospital when she was there and filled in all the forms with her.
    Part in bold is this even legal, does your brother have PR?
    I made a mistake once, believeing people on the internet were my virtual friends. It won't be a mistake that I make again!
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    escortg3 wrote: »
    His ex claims child benefit for both children and disability for one child and both children live with my brother.

    He could report her for benefit fraud.
  • He should definitely report her for benefit fraud.
  • jetplane
    jetplane Posts: 1,615 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    bestpud is right.

    She will get the Tax Credits as well, if she qualifies, she might even get Carers Allowance who knows? If she won't give them up, then he has to make a claim for Child Benefit and Tax Credits, the IRS will then write to them both and investigate. It will take a few months. He can also arrange to have the DLA paid to him.

    But is he going to do this? Because you cant do it for him.
    The most potent weapon of the oppressor is the mind of the oppressed. Steve Biko
  • Tricky situation... whats happening is wrong but your brother needs to ask himself if he is prepaired to loose the kids?

    My friends ex had his kids in order to get on benefits, because she is a work shy scrounging waste of space... then binned him off. His daughter has been brainwashed by her and her parents and won't see him, his son wants to live with him but she wont give him up because she'll be £x amount worse off without her meal-ticket number 2. He was only round my place last night in tears because it was his weekend to see him and she ply'ed the boy with cinema and mcdonalds, then brought him over to tell his dad he wanted to stay with his mum... but then thats why fella's dress up as spiderman and climb buckingham palace!

    Many blokes would give their right arm to have custody of their kids... and if your brothers ex is a proper scrote then she might just do whatever it takes to keep the benefits... like taking responsibility for the kids she's paid by the government to look after, by taking them off your bro.
  • Thanks for the replies.

    My brother has had the kids on his own for 3 years now. He didnt even know child benefit existed.

    He is happy to continue to bring the children up.

    She is very crafty women. She didnt tell him about the child benefit i did. He asked her about it and she said well i have it and buy the kids some things, it isnt much.

    I told him how much it was.

    Its only now that he is trying to hold down a full time job and care for two children, one really poorly spending 3 weeks in birmingham hospital then 3 weeks at home.

    I saw her and asked had macmillan nurses been and did they leave any forms to claim disability. She said yeah they have been, i am claiming it.

    I was gobsmacked. Never said anymore as children were there.

    Think i may have to report her myself as brother is struggling emotionally at the moment.
  • The way forward is this - he must claim Child Benefit for the children that live with him - it will then take 4-8 weeks for the Child Benefit to be transferred over. I had a similar experience where my daughter came to live with me full time with the help of social services ( that was back in 2003 and shes still with me now 8 years later ). My Ex continued to claim child benefit and ignored letters asking her to send in the child benefit books. I even went to my local MP who took it up with a baroness in london regarding the length of time and how unfair it was that the absent parent could continue to claim benefits for a child no longer living with her.

    I would also advise that you contact Carers allowance & DLA staright away and point out where the children are living and who is caring for them and ask for the forms to fill in now. Once child Benefit is in place there can be no argument as to who should be in control of DLA and whether Carers Allowance can be claimed.

    I would concentrate more on contacting the departments and asking for forms to fill in rather than going down the road of reporting fraud - they can only act if you attempt to claim the benefits that she is getting.
  • The way forward is this - he must claim Child Benefit for the children that live with him - it will then take 4-8 weeks for the Child Benefit to be transferred over. I had a similar experience where my daughter came to live with me full time with the help of social services ( that was back in 2003 and shes still with me now 8 years later ). My Ex continued to claim child benefit and ignored letters asking her to send in the child benefit books. I even went to my local MP who took it up with a baroness in london regarding the length of time and how unfair it was that the absent parent could continue to claim benefits for a child no longer living with her.

    I would also advise that you contact Carers allowance & DLA staright away and point out where the children are living and who is caring for them and ask for the forms to fill in now. Once child Benefit is in place there can be no argument as to who should be in control of DLA and whether Carers Allowance can be claimed.

    I would concentrate more on contacting the departments and asking for forms to fill in rather than going down the road of reporting fraud - they can only act if you attempt to claim the benefits that she is getting.

    Thanks for the advice
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