Can Grandma claim the child Befefit instead of me?

tillycat123

We are going to be losing the whole of the child benefit with the new changes.

Next year my son will be 16 and said he would like to go to a college near to Grandma's house 30 miles away from where we are to study.

I'm guessing as we lose all of the child benefit he won't be entitled to anything in his own right to help with his travel costs to get there and back each day as we are going to be classed as having enough money to help him out if we earn enough to lose the CB?

I was wondering, if he lived with Grandma for college could the child benefit be transferred to her so she is the claimant. She is a pensioner?

That way she gets the benefit towards looking after him and he gets to go to a college that's a bus stop ride away.

Are you allowed to do that?

Hmm71

Who can get Child Benefit?

If you're responsible for a child, you can normally get Child Benefit for them - even if you're not their parent.
You can get Child Benefit even if your child doesn't live with you, as long as:

• you pay towards their upkeep
• what you pay is at least the same as the amount of Child Benefit
• the person your child lives with is not getting Child Benefit for them

If you and another person both claim Child Benefit for the same child, only one of you can get it.
Child Benefit payments usually stop when your child reaches 16, unless they are in education or training that counts for Child Benefit. For example, an advanced course at higher education level - such as a degree - doesn't count.
You can't get Child Benefit for your child once they reach the age of 20.


I copied that from the HMRC website so I think from that she would be able to claim child benefit as long as you are not claiming it. Bear in mind that if he does go to live with her and she does get child benefit she could, potentially, open up a child support case as well. Though I'm sure you would sort out any financial issues between you.

tillycat123

Thanks Hmm71 - Grandma is cool.....

shedboy94

Not sure about the legal answer, but in laymans terms it would be called "playing the system". Would you be giving up parental responsibility? Would he be living there on a permanant basis? Through experience, most college courses aren't FT and students don't normally have to attend daily, so would he where would he be staying when not at college?
I seriously doubt you would be able to, otherwise I'm sure everyone not qualifying for CB would suddenly find their children living with less well-off relatives......
CB is being withdrawn for a reason, instead of looking for loopholes you should look to use your £60k+ income to continue to support your child through education.

HappyMJ

I would say you should continue to claim the child benefit and forward it to your son. That is allowed as well.

Are you really doing this as you will lose either £20.30 or £13.40 a week because you earn too much? Can't you structure your pay so that you earn less such as contributing more to a pension? I mean...really...I'd rather have my son home with me.

Is this college course an A level type course? What's wrong with the local colleges?

tillycat123

Not looking for a dodge or loophole. Just thinking practically. We live in the middle of know where ourselves, so getting to any college involves train or car.

The college near Grandma has a much wider choice of courses for him. At the moment he spends most weekends there as that's where all his friends are.

HappyMJ

tillycat123 wrote: »

Not looking for a dodge. Just thinking practically. We live in the middle of know where ourselves, so getting to any college involves train or car.

The college near Grandma has a much wider choice of courses.

What is the name of the course?

System

I don't think Grandma can claim. Your child is only staying away during the week to lessen the travel costs. His home is still with you.

zagfles

About a year ago there was a report on the parliament website which mentioned exactly this as a way round the child ben changes. Seems to have disappeared now though...

tillycat123

I think she could from this.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ChildBenefitandChildTrustFund/Childbenefits/Gettingstarted/ClaimingChildBenefit/DG_173610

The bit that says

Try to decide who gets Child Benefit

If you're responsible for a child you can claim Child Benefit. But there may be someone else who pays towards the cost of looking after the child and they also want to claim.
For example, if your child:

• spends part of the week with you and part with someone else

If both you and another person want to claim Child Benefit it's best if you sort out between you who should claim.

JimmyTheWig

I'm not sure that this plan would pass any sort of "reasonableness" test. I don't think it is reasonable, given what you've said about the situation, to say that your son is now in the care of his grandmother. Therefore I think it would be fraudulent for her to claim the child benefit.

Put it this way, once he goes to college and stays at Grandma's during the week if (and lets hope he doesn't!) he has an accident, who would you like to be contacted first?
I'm guessing that would be you rather than the grandmother, making you the primary carer in my eyes.

In terms of the general situation, I think you need to decide between you all what is best for your son. That may be going to this college and staying at Grandma's during the week. Fair enough.
But I'd like to think you wouldn't make that decission based on whether you get to keep your child benefit or not.