Benefits for a child

C.C.L.

Hi, just wanted to know if anyone has any thoughts or knowledge on this.Situation is as follows.....
Child aged 18months, parents are seperated, and due to the mother failing to look after the child properly the father went to court for custody, this was granted in the interim, then was settled at 50/50 shared care, the father being the applicant and the mother the respondent.The mother failed to keep to the 50/50 order, so now the father has the child most of the time.
On enquiring about benefits for the child, the father was told by the DWP that unless the mother agreed to him having the benefits there was nothing they could do. He is classed as the primary carer in all court paperwork, so this doesn't seem right to me
Does anyone know how the father could get benefits for his child? As far as I'm aware he was looking to claim CTC & CB, and he is still paying CSA as well. He really needs some help here and I can't seem to find anything out for him. Any help much appreciated.

GobbledyGook

He should put in claims for CB & CTC and enclose a copy of the primary carer paperwork. It's not up to her to hand them over if they are not 50/50 care. They'll do an assessment and decide who is the primary carer based on things like what address the child is registered at the GP at as well as anything else he can provide (like the court paperwork).

It might take a good few weeks to sort, but it will get sorted. She can't just claim forever for a child isn't the PWC for.

Mojisola

And if she's claiming for a child who doesn't live her, she's committing fraud.

ladyrider260

The father needs to be the 'resident parent' ie, where the child lives a majority of the time. Primary carer means that they do most of the care but is not the resident parent. Your partner needs to contact the CSA if he is having the child for more than 52 overnight stays a year. They can recalculate the payments so he is not paying so much.
Unless he goes back to the solicitor and applies for a residency order, it will stay this way. He should have done so if the mother has broken the original order.

At the moment I would concentrate on the child rather than the money. The child needs a stable home background and this needs to be arranged through the correct channels. Once this has been established then you can look at sorting finances. You'll also have the relevant paperwork to make things smoother.

Mojisola

ladyrider260 wrote: »

At the moment I would concentrate on the child rather than the money. The child needs a stable home background and this needs to be arranged through the correct channels. Once this has been established then you can look at sorting finances. You'll also have the relevant paperwork to make things smoother.

The problem is that often the money is needed to establish the stable home.

If the child isn't with the mother, it's wrong that she's claiming CB and receiving CM.

C.C.L.

Thankyou for the replies, the child does live with with the father.
And yes I agree it's about the child, but finances do come into it when all he has is his JSA to keep him and his child, and it's just not enough. The father is back in court on Monday for an emergency hearing and hopefully will be granted a full residency order. Thanks again for your helpful replies, C.C.L.

ladyrider260

I think my point was missed. The child needs to have a clear cut established home by means of a residency order before you can sort the money out. Once you have official paperwork, then the money can be sorted. If he is on JSA and he is granted a residency order, he can claim Income Support which kicks in other benefits too. Don't forget to claim healthy start vouchers as well as child tax credits and child benefit. CSA will need to be informed so that can be cancelled. It also means that Dad will be entitled to a 2 bedroom allowance when it comes to LHA.
Whatever the outcome, I hope the child in question can finally be settled into a loving and stable home.