Child benefit tribunal help

QuackQuackOops

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

Get a job and stop trying to use your children as a way to NOT get a job.

moodycow2

Perhaps s people should read my post more carefully- I am not saying I don't want to work in fact quite the opposite but my ex chooses to work Part time whereas I am denied such option . Fact is that even if I worked part time I would get no assistance from the govt whereas my ex does . I have the children in real terms 4 days a week . Oh perhaps because their mum gives them a couple more bowls of cereal she am have the luxury of working part time and receiving substantial state benefits .
So any criticism regarding receipt of benefits should not be directed at me.
I spent my life savings so I could achieve a Joint Residence Order
Be interesting to know Nannytone whether you receive any Tax Credits ??????????.
I am only applying for one lower rate child benefit book after all simply so we are both on a level playing field

Housing_Benefit_Officer

moodycow2 wrote: »

I am only applying for one lower rate child benefit book after all simply so we are both on a level playing field

There is no such thing as a child benefit book and definitely no such thing as a lower rate child benefit book.

Child Benefit can only be paid to one parent classed as the main carer.

The lower rate Child Benefit is a mere £13.55 are you seriously moaning about a mere £13.55?

I am surprised the joint residency order didn't say for each of you to claim for one child each which would have been the easiest solution. I am surprised your solicitor didn't negotiate this for the joint residency order.

moodycow2

All Im saying is that things should be equal footing as far as possible ie we can both get wtc / tc . I want to see my children more but she refuses and at the same time she refuses the child benefit to me. In addition with school holidays etc I in reality have the children 1/3 of the time. He refusal is simply down to the possibility of her wtc being reduced - plain and simple

TELLIT01

moodycow2 wrote: »

I have the children in real terms 4 days a week .

In your original post you say you have the kids 2 nights a week and equal time during holidays. How do you then come to the calculation of "4 days a week in real terms"? I'm not judging, just trying to understand.

allen35

keitht53 wrote: »

In your original post you say you have the kids 2 nights a week and equal time during holidays. How do you then come to the calculation of "4 days a week in real terms"? I'm not judging, just trying to understand.

Think his reasoning on this are there are 14 days in the week, 7 for each child........

moodycow2

Yes and I do all pick ups drop offs buy clothes toys etc etc hence all im asking for is the lower rate CB

moodycow2

exactly - because she refuses and I have to pay for after school activities when these happen in my time with them

allen35

Is it not possible to request the court to reconsider the terms of the residency, i know it's a long shot because whilst your ensuring the childrens lives are without stress, your ex partner does sound like she is taking liberties with your good nature.

After school activities should be payable from WTC if it affects ex partner's working, obviously there would be no help for yourself if you choose to send them to after school club.

If you get a full time job and arrange after school club for the 2 days you are suppose to have the children would this be a problem, as you say you are paying for it at present anyway, then the ex would have to make other arrangements for the extra days you care for children.

moodycow2

The problem Allen is that whilst I want a full time job the times I have the kids prevent me from doing this and it kinda makes me unemployable . In addition as I do not have the CN I am not deemed to be caring for the children ( despite that fact that I am ) and so cannot get any assistance from the Govt. Even if I did get a job and earned less than £13k pa and got say £15 week WTC that actually puts me worse off than I am now and less able to provide for my children and see them.........Can you now see how frustrating this is