Child Benefit -what now?

Allaboard

Hello,

Some context:
My partner and I have separated and live apart pending current divorce proceedings.
Child benefit is in my name and always has been as I applied for it. Partner worked more and I did more day to day care.
Partner is now considered PWC as I now have child one day and one overnight per week (more during holidays). Would like more but not arguing about it at the moment. Child is 5.

As partner earns over 60k if they had CB they would lose it under the new rules.

However, am I legally allowed to keep claiming it as NRP? It is currently paid into an account and then transferred straight to partner for them to use as appropriate.

Please may I request good old fashioned facts and/or links to places where it is made absolutely, unambiguously clear?

Many thanks in advance.

princessdon

If you pay more to the pwc or equal to the cb yes you can, ie if you give it to them. If you keep it for use when you have it then no. There was a thread about this a while ago - someone should be able to give the link, however, it was also suggested that this was prior to the new rules and could change.

miduck

Here you go ...

http://www.hmrc.gov.uk/childbenefit/start/who-qualifies/child-lives-someone-else.htm

Allaboard

Wow, if only everything in life was as fast and efficient as the MSE forums.:)

Thanks to you both for prompt, helpful replies.

Looks like I can continue with it as I make a further, greater financial contribution for child's upkeep.

FBaby

No, of course you can't do that, otherwise any pwc not entitled to tax credits would give CB to the nrp to claim and then get the money back with agreement that they don't need to pay any maintenance.... of course that is fraud.

What you are currently doing is fraud, so you better come clean quicky and stop both CB and CTC claims.

dundeediva

FBaby wrote: »

No, of course you can't do that, otherwise any pwc not entitled to tax credits would give CB to the nrp to claim and then get the money back with agreement that they don't need to pay any maintenance.... of course that is fraud.

What you are currently doing is fraud, so you better come clean quicky and stop both CB and CTC claims.

Its not fraud. Child benefit (and ctc for that matter) can be paid to either parent, most of the time its the person with the most responsibility but it can be whichever they chose. Eg. If ex partner earns say £50k and has kids 60% of the time they may decide to stop claiming CB and let the other parent who earns say £10k and has kids 40% of the time claim it.

I dont see any fraudulent activity, but let me know if im worng, just for future reference x

Allaboard

Thank you FBaby,

As I'm keen for actual facts (not opinions) please could you direct me somewhere that explains your position?

Based on Miducks reply it appears your opinion isn't based on fact.

I appreciate you having taken time to have replied though.

shedboy94

Don't know if it's fraud or not, but it does seem morally wrong. The whole point of the new CB rules is to stop HH's with high incomes receiving it......however in this case, the HH with the high income will still get the money.

FBaby

Allaboard wrote: »

Thank you FBaby,

As I'm keen for actual facts (not opinions) please could you direct me somewhere that explains your position?

Based on Miducks reply it appears your opinion isn't based on fact.

I appreciate you having taken time to have replied though.

The same document cited if you keep reading until the end:

The person your child lives with has an income of more than £50,000

If you get Child Benefit for a child who lives with someone else, that person may be liable to the High Income Child Benefit charge. But this is only if all of the following apply:

• you give the other person contributions towards the child's upkeep
• what you contribute is worth at least as much as the Child Benefit you get for the child
• both you and your partner have an individual income below £50,000
• the other person has an individual income of more than £50,000

So it might not be fraud to get CB (although it does refer to the child living with a relative of friend rather than the other parent) but the same rules applies.

I do believe that claiming ctc for a child who doesn't live with you is fraud, but now having read you other thread, I understand that you have picked up on this and realised that you are not entitled to the ctc.

Allaboard

Thanks for doing that FBaby.

It does appear so but then says 'only if all of them apply'

I think a call to CB office will help clarify it.

Thanks for all the help.

FBaby

But if all don't apply (bare the bit about them earning over £50k), you would not be elligible yourself anyway, so either way, it doesn't work, and rightly so as otherwise, the loophole would be such that it wouldn't be worth enforcing in the first place.