Children now mostly living with Dad - can I still claim child tax credits

kirstyhare

Hi all,

I'm a single mum who until a few days had my wee boy living with me most of the time - he would spend a couple of days a week with his dad.

I've been claiming child tax credits as a lone parent and also child benefit. His dad earns too much with his new partner to even question about claiming the tax credits himself.

Due to unforeseen circumstances (house fire) I had to move a few miles away which is too far from my boy's school so he is now living mostly with his dad.

I've agreed with his dad that he should now get the child benefit.

My question is can I claim any child tax benefit still (his dad is not claiming it)?

I'm still maintaining a two-bedroom house so my son has his own bedroom for when he does stay which I can't really afford.

Thank you for any help.
K

lazer

No - you are now the NRP, and as such not entitled to any state help.

You do not need a 2 bedroom house - you could sleep in the living room so your son has a bedroom to stay in.

In addition, you could have to pay Maintence to your sons dad.

Morlock

It's an unusual situation as the parent with care usually receives all of the benefits and the non-resident parent pays maintenance in addition.

However, if your son's father does not dispute the claim, you may be entitled to child tax credit.

http://www.hmrc.gov.uk/taxcredits/start/who-qualifies/children/children-taxcredits.htm#4

shoe*diva79

You need to be in receipt of the child benefit to be able to claim tax credits.

kirstyhare

Thanks for the replies,

As Morlock linked to,

---

If your child lives with more than one person
Only one household can get Child Tax Credit for a child.
You might look after a child who sometimes lives with you and sometimes lives with someone else. You can't both get Child Tax Credit for the same child, so you'll have to decide who should get it.
You can't claim Child Tax Credit if your child doesn't live with you at all - even if you're paying maintenance.

---

My child does live with me sometimes (anyone know what the % of living with me counts, because I can't see any cutoff referenced anywhere? and it's not as simple as being the NRP) , he even has his own room with his own stuff in it.

thanks

Morlock

shoe*diva79 wrote: »

You need to be in receipt of the child benefit to be able to claim tax credits.

This is incorrect as far as I know, you do not have to be claiming child benefit for a child to receive child tax credits for that child.

shoe*diva79

Morlock wrote: »

This is incorrect as far as I know, you do not have to be claiming child benefit for a child to receive child tax credits for that child.

I just had to claim CTC and was unable to until I was in receipt of CB for the child. It was then back dated to my original claim date when I had the CB in place.

Morlock

kirstyhare wrote: »

My child does live with me sometimes (anyone know what the % of living with me counts, because I can't see any cutoff referenced anywhere? and it's not as simple as being the NRP) , he even has his own room with his own stuff in it.

Lots of NRPs have a room, or rooms, for when their children stay, but are not entitled to any benefits if the PWC claims them and refuses to share a proportion. If their child (or children) stay(s) regularly, this is usually reflected in a small reduction of maintenance liability.

There is no set percentage of shared-care which entitles you to any benefits whatsoever, the fact that your son's father does not claim CTC is the only reason you may get it. If he ever decides to claim instead, you will more than likely lose any entitlement, as he will be considered to be the PWC.

Morlock

shoe*diva79 wrote: »

I just had to claim CTC and was unable to until I was in receipt of CB for the child. It was then back dated to my original claim date when I had the CB in place.

Possibly, but I cannot find any official reference stating that a claimant must receive child benefit for a child in order to qualify for child tax credits. The only reference I can find is from the NHS, but hardly an official, benefits advice organisation.

"It's possible for you to get Child Tax Credit but for someone else to get Child Benefit for the same child, although usually Child Benefit and Child Tax Credit are paid to the same person."

http://www.nhs.uk/CarersDirect/moneyandlegal/taxcredits/Pages/ChildTaxCredit.aspx

kirstyhare

Thanks again for replies,

I agree Morlock, they do not seem to set a % of days at all - it seems that if the PWC is the PWC even by a tiny amount (3.49 days versus 3.51 days a week) then they get the entire benefit if they either claim or dispute a claim - which looks unfair to me but that's a different subject.

My ex is not going to claim CTC - he simply earns too much and will not dispute a claim. There seems to be nothing that says you can't claim as a NRP - they simply say both parents can't claim and sort it out between yourselves as to who claims and if there's a dispute we'll give it to the PWC.

The CTC form needs a child benefit number - again with CB it looks like sort it out yourselves and in the event of a dispute we'll give it to the PWC.

Well we have sorted it out, he (the PWC) gets the CB and won't claim CTC - as the other parent that has responsibility for the child and who sometimes lives with I can claim CTC.

thanks

JimmyTheWig

You're already claiming, so you've got to either let them know that you are stopping the claim or that your circumstances have changed.
Either way it's a phone call to them.
May as well tell them that your circumstances have changed, rather than you telling them to stop the claim. Be honest, and tell them the new circumstances. They'll then be able to tell you whether you still qualify or not.