What should she do? And how?

Danniella

Hi there, i have often used this site to help me which is why i am now asking for your help on behalf of my friend. She doesn't know what to do and has asked me but i dont know either. I will try to keep it as short as possible.

My friend who is a mother and a grandmother has had her granddaughter living with her for the past few months. The mother, (who will not disclose to her mother on the odd occasion she has visited) where she is living. She is currently still claiming tax credits and child benefit for thr child and contributes nothing to her mother for little one - nothing at all. My friend has had a pay cut at work is struggling to pay for this extra child but cannot ask her daughter for money since she doesnt see her from one month to the next! Can she claim child benefit or any other benefit for this child to help her now and in the future? Also, whilst i am asking; i was wondering what the legal position is for her. My friend wants the child to feel as settled as possible since the decision has been made that she is to live with her grandparents permanently and see her mother occasionally (as and when it suits her really) but i am aware that she cannot be granted parental responsbility?!

Thanks for any help and sorry if this is in the wrong section.

double_mummy

is there any reason she hasnt got a residence order?
the daughter would have to agree to cancel her claims so that your friend could claim any of the benefits

alias*alibi

She needs to get it legalised as in Special Guardianship Order via the courts which gives her PR. To get child benefit you must have PR then you can get other benefits.

double_mummy

you DO NOT need PR to claim child benefit
https://www.gov.uk/child-benefit/eligibility

lots of great info on this site
http://www.grandparents-association.org.uk/kc/what-is-a-residence-order.html

Triker

The 'residence order' no longer exists and is now replaced by a Child Arrangement Order.

https://www.gov.uk/looking-after-children-divorce/types-of-court-order

I suggest she gets some legal advice from a Family Law Solicitor.

She can also claim CB for the child and tax credits. It's unlawful for a person to claim benefits for a child that does not reside with them.

Expect a long, drawn out process and possibly some assessment from Social Services that will contribute to the Court Process.

Ms_Chocaholic

Danniella wrote: »

My friend wants the child to feel as settled as possible since the decision has been made that she is to live with her grandparents permanently and see her mother occasionally (as and when it suits her really) but i am aware that she cannot be granted parental responsbility?!

Who has made the decision that the child lives with her grandmother?
Was this by mutual agreement with the parent or as a result of Social Care involvement/Court.

Triker

The other issue to consider that if 'legally' the Mother is the only person to give Legal consent on anything concerning her child and refuses to give her whereabouts then this could be considered abandonement. Therefore I would urge your friend to gain advice regarding this very urgently as if any medical issues cropped up your friend is not in a position to give consent to anything, including medication, school trips (if applicable) etc.

Danniella

double_mummy wrote: »

is there any reason she hasnt got a residence order?
the daughter would have to agree to cancel her claims so that your friend could claim any of the benefits

Thanks for your reply. My friend rang social services to get advice. They told her that she would have to apply to the courts for a residence order oh and it will cost her in excess of £5k!

Danniella

alias*alibi wrote: »

She needs to get it legalised as in Special Guardianship Order via the courts which gives her PR. To get child benefit you must have PR then you can get other benefits.

Never heard of this special guardianship order but will check it out. Many thanks for your reply.

BigAunty

Sounds like an informal fostering situation since the biological mother is giving the guardian the runaround and is illegally claiming benefits which should go to the person with care of the child.

Social services has its detractors but are best placed to determine what is in the best interest of the child rather than the rather narrow focus on money.

They will determine who is the most appropriate guardian for the child, formalise this arrangement with the appropriate residence order, sort finances such as kinship carers allowance if the grandmother is the formal guardian and set up access/contact with the mother.

I assume both mother and grand-mother aren't too keen on social services contact because it carries with it the risk that the child ends up in the care system if neither is deemed fit.

However, from another perspective, perhaps social services is best placed to focus on the child and give support to both mother and grand-mother rather than let the child be a source of income for a mother who can't apparently cope with raising the child and only sees the child when they fancy.

Danniella

double_mummy wrote: »

you DO NOT need PR to claim child benefit
https://www.gov.uk/child-benefit/eligibility

lots of great info on this site
http://www.grandparents-association.org.uk/kc/what-is-a-residence-order.html

Thank you so much. It is much appreciated.