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

benefitbaby

The father could seek child maintenance from the OP if he chose.

GobbledyGook

pizzy wrote: »

Ive claimed CTC for my step daughters for years, whilst dad received the child benefit. We have now separated and i still get their CTC but neither of us are currently in receipt of child benefit as he hasn't agreed to transfer it even though the children are resident with me.

If he is not claiming it then he doesn't need to agree for you to do so. You can claim CB without his say so, the only time it'll be an issue is if he disputes it, but even then if you show the evidence that your SD is with you they will pay it. You don't need his permission to transfer it.

princessdon

So because my children go to their grandparents every weekend they can now claim CTC and CB that our income denies?

It seems strange that just because 1 isn't claiming (it could be like the scenario above they are not entitled) that the NRP can claim - do they need to prove they have the child for at least 50% of the time or an address or is it just done on trust.

benefitbaby

No there is no % test, HMRC's own leaflet states:
"CTC is a payment to support families with children. You can claim it if you, or a partner, are responsible for at least one child or qualifying young person who usually lives with you. If they also live with another family for part of the time, you and that other family must decide jointly who wishes to claim for that child or qualifying young person."

princessdon

benefitbaby wrote: »

No there is no % test, HMRC's own leaflet states:
"CTC is a payment to support families with children. You can claim it if you, or a partner, are responsible for at least one child or qualifying young person who usually lives with you. If they also live with another family for part of the time, you and that other family must decide jointly who wishes to claim for that child or qualifying young person."

How bizarre - off to send my children to the old folks and get £500 a month in benefits. :beer:


Said tongue in cheek before I get bashed!

benefitbaby

princessdon wrote: »

How bizarre - off to send my children to the old folks and get £500 a month in benefits. :beer:


Said tongue in cheek before I get bashed!

lol I wonder if it would work??? Although I guess they would be 'visiting' the grandparents rather than 'living with'.

princessdon

it was tongue in cheek (and my parents income would prevent it) but they do live there. They have their own rooms, clothing there and spend more time there than some NRP's have their children. They are the emergency contact from school etc.

If parents who only have children say every other weekend can claim ... it does open up a hyptothetical loophole for those above the TC limits.

benefitbaby

I completely agree.

FBaby

I think this thread is very dangerous. Ctc is intended to be provided to the package not any parent. They are purposely leaving the definition vague because of some exceptional circumstances (indeed a pwc struggling to get the previous pwc release their payment of cb). If it was possible for an nrp to claim just because the pwc earns to much to be entitled there would be many family using that loophole (I would be one not entitled to any tax credit but nrp and wife not working so could claim and either give to me as maintenance or keep for themselves.... I don't think so!)

I would very weary going down that route as it is known tax credits can be very flexible when it comes to granting a new request/change of circumstances but very much less so when investigating a claim.

benefitbaby

Whilst I completely understand what you are saying, I would like to confirm that the information I have posted has come straight from tax credit publications and website.

From the Supreme Court Judgment in Humphreys -v- The commissioners for Her Majesty's Revenue and Customs
"CTC is, of course, separate from and additional to child benefit, which (at that time) was a universal flat rate benefit available to everyone with children, and also administered by HMRC. Like CTC, child benefit cannot be split between two claimants (Social Security Contributions and Benefits Act 1992, section 144). This single payment rule has been challenged but so far unsuccessfully: see R (Barber)v Secretary of State for Work and Pensions [2002] EWHC 1915 (Admin); [2002] 2FLR 1181. Where separated parents share the care of their children, they may elect who is to receive the benefit. Failing that, HMRC has a discretion to decide who should have it, without any statutory test (Sched 10, para 5 of the 1992 Act). They may, therefore, allocate the benefit for one child to one household and for another child to the other: see

R (Ford) v Board of Inland Revenue [2005] EWHC 1109 (Admin)."