Is this against the law?

Mojisola

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.

It's similar to the people who overpay into their pensions in order to be able to claim benefits. Legal - but not moral - loopholes.

tomtom256

Mojisola wrote: »

It's similar to the people who overpay into their pensions in order to be able to claim benefits. Legal - but not moral - loopholes.

It's only legal if he has them living with him full time with her having access as per every other normal seperated couple. For every other purpose the children must live with and be registered at his address, school, doctors, dentist, child benefit etc the works.

If HMRC ever looked into it and the above wasn't the case, they would create an O/P on the spot and depending on the O/P may even prosecute as the setup would have clearly been done to take advantage of the system.

Mojisola

tomtom256 wrote: »

It's only legal if he has them living with him full time with her having access as per every other normal seperated couple. For every other purpose the children must live with and be registered at his address, school, doctors, dentist, child benefit etc the works.

If HMRC ever looked into it and the above wasn't the case, they would create an O/P on the spot and depending on the O/P may even prosecute as the setup would have clearly been done to take advantage of the system.

If the children are with him four nights a week, he would be the PWC. They don't have to live with him full-time.

zzzLazyDaisy

It is possible for one or more of the children to live with each parent, in which case they each get CB and tax credits for the child/ren who they are PWC of. But unless it is done amicably it would make for a messy CSA case, I imagine!

System

I would also think that if 2 children of a marriage had different PWCs it would be investigated for fraud.

Mojisola

!!!!!! wrote: »

I would also think that if 2 children of a marriage had different PWCs it would be investigated for fraud.

I think this is quite legitimate. There are all sorts of reasons why children would choose to live with one parent or the other. It's not always the case that all the children have to live with one parent.

zzzLazyDaisy

!!!!!! wrote: »

I would also think that if 2 children of a marriage had different PWCs it would be investigated for fraud.

You might think that, but unless the rules have changed recently, that is not the case.

benefitbaby

zzzLazyDaisy wrote: »

You might think that, but unless the rules have changed recently, that is not the case.

Absolutely, separated/divorced parents can chose who claims the CB or CTC, if they can't chose and both claim then HMRC will award it to the parent with whom the children normally reside, if it is a 50/50 spilt of time then HMRC take other factors into account.

Also CB does not have to be claimed for CTC to be awarded.