Is this against the law?

AimeesMum_2

I have been asked for some advice by a friend and not sure if it was actually against any kind of rule...

She split from her husband, joint custody - she earns a lot more than him therefore when she was claiming the tax credits for the three children she was getting £830 less than he gets if he claimed for them.

They want to change claim into his name...is this ok? X

mummyroysof3

I think the person who claims has to be the one who has them living there most and gets the child benefit if entitled

AimeesMum_2

So if they changed his access to 4 nights instead of the current three and they transferred child benefit to him...it would all be legitimate?

Mojisola

AimeesMum wrote: »

So if they changed his access to 4 nights instead of the current three and they transferred child benefit to him...it would all be legitimate?

Can't see why not although she would need to be happy that the father would then be the PWC.

System

As he will now be PWC she might baulk at having to pay him child maintenance though.
Based on

she earns a lot more than him

he would be a fool not to go down the CM route

[Deleted User]

Surely if they arranged custody an equal 50/50 then either parent could claim the tax credits?

FBaby

As long as she trusts that he won't go to the csa at any stage and claim maintenance out of her, even of a shared cared basis, that might be quite a bit of money, then yes, that is a solution to take money out of tax payers legally, altough morally, it is another matter as he will claim on the basis that his costs for his children are full-time, when they are not so will in essence get more out of tax payers then what is considered needed.

Another legal loophole, they will do nothing wrong, but not right for the tax payers to subsidise it.

princessdon

She'd have to give up child benefit too.

mummyroysof3

Who the children live with could Affect any help with housing too...though I'm assuming she earning a lot doesn't get any but he might. I think it all deprnds on how they get on as he could end up with lots more money it still expect her to meet more costs. Also worth thinking about how changes to tax credits etc will work

Gentile

This looks like blatant fiddling of the benefits system to me , to get more money out of the hard working tax payer. Another abuse of the over generous benefit system as it is.

Thomas_The_Tank_Top

Gentile wrote: »

This looks like blatant fiddling of the benefits system to me , to get more money out of the hard working tax payer. Another abuse of the over generous benefit system as it is.

Well said Gentile. One keeps her generous wages, while the other scally gets paid by us - the tax payer.