Can my ex claim CB i'm not entitled to?

clearingout

Voyager2002 wrote: »

The suggestion is certainly not benefit fraud, but an intelligent re-arrangement of the details of living arrangements in response to the incentives offered by the state. And just for the record, when my son's mother agreed that I, rather than her, should receive CB for him, there were no official enquiries whatever.

A more serious point: if a parent is claiming benefits then the details are forwarded to the CSA. So if the OP has her own income then this could be a very bad move.

this is no longer the case.

wayne0

tomtom256 wrote: »

So bascially you advocate that they commit fraud to maximise their income.

My understanding for this to work is your child has to go and live permanently with their father for him to legally be entitled to these benefits, not just a paper move.

did you read my previous post... I ALSO SAID TO CONTACT THE HMRC TO CHECK IF THIS IS LEGAL AS BOTH WOULD BE COMMITING FRAUD IF NOT!

- also read the OP's original post... she said that she would hope for him to have more contact with his child, if circumstances were to change...

wayne0

SkyeKnight wrote: »

OK, I've looked it up and I think it is fine for the non-resident parent to claim Child Benefit.

See here for example:
https://docs.google.com/viewer?a=v&q=cache:SmxWnWQN9SoJ:www.parliament.uk/briefing-papers/SN06299.pdf+&hl=en&gl=uk&pid=bl&srcid=ADGEESgKL9NpY-zSTkqkEEZdFICjRQ_xliGnOPb25EeZc-waLYG5GR3DvP2yHzBuRJPz3pkAQ8ttDPD6lFuaeOHWHwYPCIS1r1CERPSMZEf_URpztJYUHAvC_iGNJ_Ts51wpUNRzEvZ6&sig=AHIEtbTwnUSSfDOaIZxEqYPH9rYkBOVEjw

"The general situation is that a person may be entitled to Child Benefit
for a child if they are responsible for him or her. A person is treated
as "responsible" for a child if the child lives with them, or if they are
contributing towards the mainenance of the child at a rate of at least
the amount of Child Benefit."

also, you do realise there have been plenty of court cases where the judge has said the NRP recieve CB and the PWC recieve the CTC ETC...

wayne0

Marisco wrote: »

So how does that equate with what he does? He pays £7.50 a week, I think CB is £20, and he doesn't even provide food for her!! He picks her up from school twice and goes to the op's house to eat, and he has one "overnighter", not really most peoples' idea of shared care!!

KEY WORD: "CURRENTLY"...

there is always a possibility for more

and he is also paying more to support his child than he LEGALLY has to (JSA claimant with 1 overnight would be on the NIL CSA rate!) which means he must be a decent bloke all the same...

also, the extra money would allow him to contribute more money!... its all about checking if its legal! (even if most feel it is not moral) as with the CSA calculations just because its not "moral" it doesnt mean its "illegal"...

wayne0

oh and also...

Who can claim Child Benefit
Child Benefit is different from Child Tax Credit. Your eligibility to it does not depend on how much money you have coming in, or how much you have in savings.

You can claim Child Benefit if you are responsible for a child who lives with you and they are

• under 16, or
• under 18, have left school and have registered for work or training with the Career's Service or Connexions Service (if there is one in your area), or
• under 19 and studying full time up to A level

You can also apply if the child lives with someone else, but

• you pay money to help bring up the child, and
• the amount you are paying is the same as or more than the weekly Child Benefit amount, and
• the person with whom the child lives is not already making a claim for that child

You should check with the Child Benefitwebsite if any of your circumstances change.

http://www.hmrc.gov.uk/students/who_can_claim_cb_4_1.htm

current circumstances asside... it all depends on what the circumstances would be if the change happened...

also, the info on gov website relates to current law... for info on future law its prob best to call them

tomtom256

wayne0 wrote: »

did you read my previous post... I ALSO SAID TO CONTACT THE HMRC TO CHECK IF THIS IS LEGAL AS BOTH WOULD BE COMMITING FRAUD IF NOT!

- also read the OP's original post... she said that she would hope for him to have more contact with his child, if circumstances were to change...

There is big difference between living with and more contact with his child, but you dress it up how you like.