working tax credit and living apart from child query

catvic

Can I claimworking tax credit if my 17 yr old daughter lives in a separate home but I am still financially responsible for her. ie I am moving from the town where she still has 1 year of A levels at school, so she cannot move yet and will then go on to university. However I will be paying her rent and everything else. I have little income and probs be claiming housing benefit where i move to. I am self employed but don't earn enough to pay tax yet.

creditcardhelp11

catvic wrote: »

Can I claimworking tax credit if my 17 yr old daughter lives in a separate home but I am still financially responsible for her. ie I am moving from the town where she still has 1 year of A levels at school, so she cannot move yet and will then go on to university. However I will be paying her rent and everything else. I have little income and probs be claiming housing benefit where i move to. I am self employed but don't earn enough to pay tax yet.

You must be responsible for a child or qualifying young person by:




A person is treated as being responsible for a child or qualifying young person in any week where

• they have the child or qualifying young person living with them in that week

or

• they are contributing to the cost of providing for the child or qualifying young person at a weekly rate not less than the weekly rate of Child Benefit payable in respect of that child or qualifying young person for that week

SSC&B Act 1992, section 143(1) & SSC&B (NI) Act 1992, section 139(1)

So if you are paying towards the cost of providing for the child and is equal to or greater than the Child Benefit amount then you are responsible and thus entitled to claim benefit.

However, for Child Tax Credit:

For a claimant or claimants to be treated as being responsible for a child or qualifying young person that child or qualifying young person must "normally live" with the claimant(s).

“Normally lives with you” is not defined in the regulations, therefore it should be given its ordinary every day meaning of regularly, usually, typically lives with them which allows for temporary or occasional absences.

The Child Tax Credit Regulations 2002, Reg. 3(1), Rule 1.

Therefore, you may be entitled to Child Benefit but may not be entitled to Child Tax Credits. You must inform the HMRC of the change of circumstances and let them make a decision. You have 30 days to appeal.

pmlindyloo

I cannot find anything to back up my belief but I think the key word is responsible.

If no-one else is receiving CB or Tax credits for your daughter and you are responsible for her then I believe you would be able to calim.

Why don't you give the Tax Credits office a call?

shedboy94

catvic wrote: »

Can I claimworking tax credit if my 17 yr old daughter lives in a separate home but I am still financially responsible for her. ie I am moving from the town where she still has 1 year of A levels at school, so she cannot move yet and will then go on to university. However I will be paying her rent and everything else. I have little income and probs be claiming housing benefit where i move to. I am self employed but don't earn enough to pay tax yet.

Even with an average CTC award of £58, how would you be able to afford to run 2 households if you are on a low income?

catvic

Many thanks for the prompt replies. I did contact Family tax credit people and they say the chilc must live with you. It was my hope that my tax credits would cover my daughters sharing of a house. I am going to live with in my sons house so my outgoing there will be whatever I can afford. But if I cannot have the working tax credit I will not have the rent for my daughter. She has to stay on another year or all her hard work will be for nothing so there is no question of her leaving with me. Just trying to weigh up my options as to what to do. I agree with the word 'Responsible' and they do not define what this means. I am still responsible financially for her. Looks like I cannot move to my sons just yet.