child benifit?

zagfles

Housing_Benefit_Officer wrote: »

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

Read this:-

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

Link doesn't work

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.

Those are about 2 people who are entitled to claim. The link I posted above states that you must tell child ben if the child lives away from you for 8 weeks or more. If she hasn't then she's committing benefit fraud, and should be reported.

valleyboy22

Thanks for the replies so far

Housing_Benefit_Officer

zagfles wrote: »

Link doesn't work
.

Try this http://www.hmrc.gov.uk/manuals/cbtmanual/Index.htm

zagfles

Housing_Benefit_Officer wrote: »

Try this http://www.hmrc.gov.uk/manuals/cbtmanual/Index.htm

Yup - it's pretty clear that the mother is in trouble if she hasn't reported that her son is no longer living with her:

http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM05270.htm

When an award of child benefit or guardian’s allowance is made, Her Majesty’s Revenue & Customs can ask claimants to notify any changes in their circumstances that may effect the continuing entitlement to that award or payment of it. This means that every person and every beneficiary who or on whose behalf, sums of benefit are receivable has a legal duty to notify information or evidence in the manner and at the time that Her Majesty’s Revenue & Customs have told them to do so.

http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM03080.htm

Anyone entitled to Child Benefit or Guardian’s Allowance (and any person who receives payments of benefit or allowance on someone else’s behalf, for example an appointee)
[...]

• must notify Her Majesty’s Revenue & Customs or a relevant authority in writing or orally, as soon as reasonably practicable after the change occurs, and at the appropriate office of any change of circumstances they might reasonably be expected to know might affect
• their continuing entitlement to benefit or allowance; or
• the payment of benefit or allowance

The child no longer living with the claimant for over 2 months obviously being such a change, as confirmed here:

https://www.gov.uk/report-changes-child-benefit

valleyboy22

I'm still waiting to hear but I will ring again at the end of next week for a update.

Housing_Benefit_Officer

Once you are armed with the knowledge of the legislation then you should be able to successfully make a rival claim. As for any Child Benefit received which she shouldn't have received you will need to let HMRC sort this bit out. Priority is a successful rival claim.