Name of Childs Father.

crafting-queen

My niece was being interviewed at the JS yesterday, and was asked numerous times for the name of her 6month old daughters father.

The child was registered as father unknown, so nothing is on the birth certificate. The woman said that she had an obligation to claim maintenance for her daughter. She refused as she wants nothing to do with the guy because of domestic violence and drugs, and has refused to give it.

She was told that if she didn't provide the name by the next visit, she would be sanctioned. Surely this is not correct, as there is a reason for her wanting to keep away from him. It's a question of her child's safety.

I told her that she should have said she didn't know his name, but she said why should she make herself look like a tart by not knowing him.

Can they insist?

TBagpuss

Did she explain that her ex was violent?

wildwestfan

Why is she at the job centre and not claiming income support?

crafting-queen

wildwestfan wrote: »

Why is she at the job centre and not claiming income support?

I thought it was the JS, maybe it was DWP that would be my mistake. But she was working before her baby was born, and does want to go back eventually.

TBagpuss wrote: »

Did she explain that her ex was violent?

Yes she did tell them, but they said it was for their information not hers.

Ms_Chocaholic

She could give any name.

tomtom256

The ex wouldn't have any contact with her. The DWP would pass the details onto CSA to chase maintenance etc or make deductions from any benefits and pass it on to her.

If he is able to pay maintenance without risk, why shouldn't he?

Why should she rely on the tax payer to make his payments and support his child?

missindecisive

Just get her to say she doesn't know the fathers name. It does not matter what they think of her.

monty-doggy

Wow how would the employee react if she burst into tears and said she had been raped? I'm not saying she should do that but they shouldn't push like that. People can be pushed over the edge and it should be up to her if she claims maintenance from him, either way it wouldn't affect what benefits she gets because maintenance for children isn't counted in benefit calculations. So the comment about the tax payer funding instead of the father is wrong because she would get the benefits anyway.

crafting-queen

tomtom256 wrote: »

The ex wouldn't have any contact with her. The DWP would pass the details onto CSA to chase maintenance etc or make deductions from any benefits and pass it on to her.

If he is able to pay maintenance without risk, why shouldn't he?

Why should she rely on the tax payer to make his payments and support his child?

She was a tax payer herself so she is not getting anything she hasn't worked for. He, has never worked so it's unlikely that it will make any difference, as she will still get benefits.

HoneyNutLoop

To the op. The info she has been given is out of date by a number of years. Not only is she not required to give the child's father's name for child support purposes, CMS (the body now responsible for dealing with new applications) actively encourages parents to set up their own arrangements without the need to involve them (I get that isn't suitable in this case - I'm trying to emphasise that there is absolutely no mandatory compulsion for anyone to put a claim in with them).

Your niece needs to remind that Job Centre operative that Section 6 of the Child Support Act 1991 (the bit that compelled benefit claimants to apply for child maintenance) was repealed from 28/10/2008.

Swampy3k

Ms_Chocaholic wrote: »

She could give any name.

I definitely would not give ANY name, before you know it the local "John Smith" could be getting hassle from the CSA who will claim he's fathered a child he knows nothing about and it's then up to him to prove otherwise. (not to mention the complications it could cause him!)

Just say she doesn't know. It was a one night stand or such. Who cares what anyone thinks of her. it's all just a stupid tick in the box exercise.