Child benefit tribunal help

moodycow2

I am a father of 2 children ages 8 &11, In April 2014 I gained a shared Residence order (bitterly contested). Where I have my children 2 nights a week and a equal split in school holidays.
I am looking for advice/help in gaining one of the child benefit books.
My Ex has the CB for both kids and will not give me one of the books despite that in real terms I feed the children more than her.
I am currently on JSA (single person allowance) but because of the times I pick up the children from school it is unlikely I will ever be offered a job.
I cannot apply for part time work and WTC as I do not have the CB book, I cannot apply for CSA from my Ex as I don’t have the CB book, I cannot apply for Income support because I am not deemed a sole carer and again I do not have the CB.
I have applied to IR but they have refused twice hence I am now appealing to be heard at a tribunal.
Does anyone have any information on case law, , focus groups or anything that may assist me.
Many Thanks

TattyG

You also posted here https://forums.moneysavingexpert.com/discussion/5058420

There was some good advice on that thread for you from Fbaby and nannytone.

x

nannytone_2

there is no 'child benefit book'
you need to concern youself more with faining employment and letting you ex sort out childcare arrangements.
you are not entitled to any child related benefits as you are not the main carer.
if you cant afford to give the children meals, then take them to their mother at mealtimes.
benefits will not be paid to both parents for the same children

clearingout

so really, you want the tax payer to fund your relationship with your children? you are unable to work because you have to pick your children from school? What do you think other single parents do?! As a single mum, if I made such a statement, I would be accused to expecting tax payers to fund my 'lifestyle'.

You would not be eligible for Income Support as your youngest child is way above the age when this is paid to single parents.

There is far more cost to bringing up a child than feeding it. Are you footing 50% of their living expenses? I suspect proving your outgoings are exactly the same as your ex's in relation to the children would be the only way you will get a judge to give you the Child Benefit for one child. It is hard to imagine you could achieve this if you have your children 2 nights a week for 39 weeks out of 52. It is a long way from half the time.

kingfisherblue

In addition, you would not be able to claim Income Support as you are not the primary carer for the children, and do not meet the other requirements. IS is usually only available to single parents whose youngest child is under 5, or to carers of those in receipt of DLA or PIP.


The primary carer is the parent who has the children most overnights. As you only have them twice a week overnight, you would not be able to claim CSA.

nannytone_2

also, you have no basis to so severely restrict the hours you can work, as you do not have primary vare pf a child.
you need to be careful or you will be sanctioned for not sticking to your jpb seekers agreement
you need to accept that your ex is seen as the primary carer and it is her who needs to sort out childcare arrangements,
you need to be finding full time employment and contributing financially to the care of your children rather than looking for extra benefits that you arent entitled to

kingfisherblue

moodycow2 wrote: »

I am a father of 2 children ages 8 &11, In April 2014 I gained a shared Residence order (bitterly contested). Where I have my children 2 nights a week and a equal split in school holidays.
I am looking for advice/help in gaining one of the child benefit books.
My Ex has the CB for both kids and will not give me one of the books despite that in real terms I feed the children more than her.
I am currently on JSA (single person allowance) but because of the times I pick up the children from school it is unlikely I will ever be offered a job.
I cannot apply for part time work and WTC as I do not have the CB book, I cannot apply for CSA from my Ex as I don’t have the CB book, I cannot apply for Income support because I am not deemed a sole carer and again I do not have the CB.
I have applied to IR but they have refused twice hence I am now appealing to be heard at a tribunal.
Does anyone have any information on case law, , focus groups or anything that may assist me.
Many Thanks

Quoted......

nannytone_2

they woll not allow you to appeal as you have no grounds.
by your own admission, you only have the cchildren for 2 nights out of 7 ... so not even a third of the time.
you chose to be the 'babysitter' for your ex.
instead of seeking extra benefit, you need to tell your ex that she needs to make suitable childcare arrangements as you need to work fulltime

Indie_Kid

Get her to give you some child benefit so you can afford to feed the children? Have you actually explained your situation to her?

bloolagoon

So, you can't work because you have your children 2 nights a week. You need benefits to feed children without employment and to claim CSA from the mother. The children have full benefits including housing, CB, CTC abs free school meals already being supported by tax payers.


Is that right?

You want to know how you can claim too !

FBaby

I can't believe that you are even thinking of applying for csa! So you think it is ok for your ex to work, for you not to, and then claim all the benefits you can for your children AND claim of your ex maintenance for one of the children whilst all she could claim from you (if she's lucky) is £5 a week just because you feed them a couple of nights?

And you wonder why she is reluctant for you to have more contact? Personally, you would have become an ex of mine too with such selfish thinking.