Child benefit and tax credits in dispute

princessdreamer

Ok need help for a single father, he took custordy of his children in July. The mother moved 300 miles away with her new boyfriend and hasn't seen the kids in 9 weeks. Problem is she is still claiming the tax credits and child benefit plus she has filed for maintenance for children she doesn't have. Their father is on jobseekers but due to the stress has been sanctioned for not keeping up with his jobsearches. He's been told it'll be another 4 weeks minimum before he gets tax credits as they have to write to her and give her chance to answer. Shes a prolific liar so doubt she'll tell the truth if she even bothers sending hem back. He's applied for hardship payments which should give him £40 a week is there anything else out there to help.

zagfles

Gather evidence that the children are living with the father, eg doctor, school etc. Report the mother to the benefit fraud hotline, or tell her you will if she doesn't drop the claims.

princessdreamer

Thanks the kids are at school round the corner from dads house, the drs and dentist are here. He has told her he will report her but it doesn't seem to have done anything. Tax credits admit it's obvious h has th kid but they still have to follow their procedure.

nannytone_2

all he can do is sot tight until the paperwork goes through.
he can asl the JC for a foodbank referral

Housing_Benefit_Officer

You can make a rival claim for child benefit and tax credits. HMRC will then decide who will get the child benefit and tax credits. I will find a link for you.

Housing_Benefit_Officer

Here you go:-

Exclusions and priorities: More than one person entitled to Child Benefit.

Read this:-

http://www.revenuebenefits.org.uk/pd...006_No_223.pdf

this:-

http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm08030.htm

and this:-

http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM08050.htm

The ex can surrender the priority for Child Benefit.

If she fails to do this then your friend needs to make a rival claim for child benefit and tax credits let HMRC decide.

Sounds as if the only option is making a rival claim and let HMRC decide. Get your friend to give them a ring, explain the circumstances and get the ball rolling by making a rival claim.

zagfles

And once it's sorted claim for maintenance as well.

princessdreamer

He's still waiting tbh it's getting him down with a bit of luck it should be sorted soon as its been three weeks already

GwylimT

It can in some cases be very lengthy, my adopted son had been living with me for almost five years when his biological mothers child benefit and tax credits were stopped, it was also only then that the CSA left me alone.

You need as others have said
School info
Doctor info
Dentist info
If little one has a bank account proof of the registered address

princessdreamer

They don't have bank accounts but thir school, dr and dentist are all up here. They havn't missed a single day of school despite how confused they must be. The dad is getting food from the food bank but its not lasting though the foodbank have been very kind. I just can't understand the mother at all.

jetplane

The change over from Child Benefit can take months not weeks, particularly if the ex does not reply to their letters or denies that he has them.

How old are the children? Social Services have a duty of care to children and he can approach them for weekly payments until his benefits are in payment.

If he is suffering from stress due to his circumstances and this is affecting his job seeking he can discuss this with his GP and if a fit note is issued he can claim ESA instead of JSA and take some pressure off.

He can continue to seek help from the food bank also.

HMRC will backdate the claim and follow up any over payment made to the ex as a separate issue.