child benifit?

valleyboy22

Hi all,


My son now lives with me and his mother was having child benefit for him. I have filled in the forms around 9 weeks ago now and rang up an they said it can take up to 12 weeks for it to go through. I explained I am a bit concerned because he been living up here since July and she is clearly still claiming for him. I was told that it will be sorted their end if she has not responded to what I presume a letter which they have sent to her?
Anyone been in the same situation and wondering how this process is done because I feel while she is still receiving this money its fraud?


Thanks

nannytone_2

it isnt fraud.
sh is the childs parent and is entitled to claim child benefit.
if she doesnt reliquish it willingly, then you may have a fight on your hands

valleyboy22

So he does not live with her anymore and still entitled to claim the money??

nannytone_2

it is usual for the parent with care of the child to be the one who claims, but it doesnt have to be.
until recently the child lived with her and so she claimed.
they wont get involved in a personal battle between you and your ex, so you need to sort this out with her.
are you making a claim for child support as well?

valleyboy22

Not asked for child support if honest but only filled in forms for child benefit. There is a reason now my 12 son is living here (in other post) and find it strange that he is now living here but his mother can still keep claiming for him considering we have had not a penny off her and basically don't want to since he been living here since July.

TELLIT01

Unfortunately, if the parent who is currently in receipt of Child Benefit fails to give it up although the children no longer live with them it can be a battle. Certain benefits such as Income Support as a lone parent will only be paid if nobody else is in receipt of Child Benefit for the children being claimed for by the 'lone parent'.

sheramber

https://www.gov.uk/child-benefit-child-lives-with-someone-else

valleyboy22

Ok thanks but this don't seem to be the right way for child benefit to see it this way. Looks like then she will be still claiming it for a while then.

zagfles

valleyboy22 wrote: »

Ok thanks but this don't seem to be the right way for child benefit to see it this way. Looks like then she will be still claiming it for a while then.

No, see link above. Also see https://www.gov.uk/report-changes-child-benefit

Someone claiming child ben must report if the child lives elsewhere for over 8 weeks. Has she? Threaten to report her for benefit fraud if not.

valleyboy22

I doubt very much she has reported that he not living with her anymore. I will wait the twelve weeks and ring them back for a update.

Housing_Benefit_Officer

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

Your ex can surrender the priority for Child Benefit for your child.

She doesn't have to and you can't force her. It would make life simpler if she did if your child is now living with you full time.

The only thing you can do is make a rival claim for child benefit and let HMRC decide who should get it.

Probably best to speak to Child Benefit Department about your claim and if it should be treated as a rival claim and for them to decide who should receive it if your ex refuses to surrender her priority. Use this sort of terminology as the Child Benefit peoples will understand what you are trying to do.