Tax credits.....

Orville

Hi.

In need of some advice.

I currently look after my son full-time. My partner is now requesting to have him back but has said i can keep the tax credits and CB as i will be having him all through the holidays and some weekends too.

Just wanting to know if this would be ok with the powers that be etc, or if not what are the rules with regards to this?. Are there a minimum amount of days i would have to have him to be eligable to receive the benefits.

Don't know if this makes a difference but she has 2 other children that are not mine.

Thankyou.

HappyMJ

Orville wrote: »

Hi.

In need of some advice.

I currently look after my son full-time. My partner is now requesting to have him back but has said i can keep the tax credits and CB as i will be having him all through the holidays and some weekends too.

Just wanting to know if this would be ok with the powers that be etc, or if not what are the rules with regards to this?. Are there a minimum amount of days i would have to have him to be eligable to receive the benefits.

Don't know if this makes a difference but she has 2 other children that are not mine.

Thankyou.

As long as you spend the child benefit on the child then you can remain claiming child benefit as long as no one else does but they will advise you if someone else makes a claim.

Orville

HappyMJ wrote: »

As long as you spend the child benefit on the child then you can remain claiming child benefit as long as no one else does but they will advise you if someone else makes a claim.

So would that also mean i can still claim the tax credits?.

HappyMJ

Orville wrote: »

So would that also mean i can still claim the tax credits?.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/TaxCredits/Gettingstarted/whoqualifies/Childrenandtaxcredits/DG_172851

It's up to you to decide. Only one person can ever claim tax credits. You can ask HMRC to decide if you can't agree.

[Deleted User]

I'm not so sure Orville. Your Son needs to be classed as residing with you for you to continue the claims.
I know a couple who have 50/50 custody and one gets the first child's benefit and the other the 2nd.
I think you need some proper advice on this. Are you happy with the arrangement? Do you want your Son to go back to your ex or more importantly what does your Son want? :-)

Orville

Deleted_User wrote: »

I'm not so sure Orville. Your Son needs to be classed as residing with you for you to continue the claims.
I know a couple who have 50/50 custody and one gets the first child's benefit and the other the 2nd.
I think you need some proper advice on this. Are you happy with the arrangement? Do you want your Son to go back to your ex or more importantly what does your Son want? :-)

Hi.

She has 2 other kids on a seperate claim as they live with her.

If you take into account all the holidays and weekends it would be about 50/50.

[Deleted User]

Even if you have him every weekend and all School holidays that's only 169/365 granted there are inset days etc. I just think you need to be careful with this kind of arrangement. It's all well and good your ex saying she will let you keep the benefits but further down the line if she changes her mind all evidence will point to that he mainly resides with her.

Orville

Deleted_User wrote: »

Even if you have him every weekend and all School holidays that's only 169/365 granted there are inset days etc. I just think you need to be careful with this kind of arrangement. It's all well and good your ex saying she will let you keep the benefits but further down the line if she changes her mind all evidence will point to that he mainly resides with her.

Yes that is a fear, which is why i want to know if it's ok to do it in the first place.

I don't think she would be likely to suddenly want the benefits back but as you say, you never know.

backinbusiness

The main carer (ie where the child resides +50% of the time is the only person entitled to CB and CTC).

BiB

HappyMJ

backinbusiness wrote: »

The main carer (ie where the child resides +50% of the time is the only person entitled to CB and CTC).

BiB

That's not exactly correct. A child can have two homes and the parents can decide who claims what. Usually you would expect the parent who has the child more would claim but parents can decide the other way if they wish....as long as the money is being spent on the child then it really doesn't matter the cost to the government is exactly the same.

Orville

HappyMJ wrote: »

That's not exactly correct. A child can have two homes and the parents can decide who claims what. Usually you would expect the parent who has the child more would claim but parents can decide the other way if they wish....as long as the money is being spent on the child then it really doesn't matter the cost to the government is exactly the same.

Hi.

Not doubting anyones opinions on this thread but how do you know this..?

(Not doubting you), just wanting to be as sure as i can.