Can I keep the child tax credit?

Shnookina

My son has decided he wants to spend more nights at his dads than at home with me. I still need to pay for things for him and such. I dont think his father is making a claim for the child tax credit so should i keep claiming it? I presume it would stop if he made a claim for it?

Icequeen99

Shnookina wrote: »

My son has decided he wants to spend more nights at his dads than at home with me. I still need to pay for things for him and such. I dont think his father is making a claim for the child tax credit so should i keep claiming it? I presume it would stop if he made a claim for it?

How many nights exactly?

IQ

Shnookina

as it stands right now hes staying with me 2 nights a week

Icequeen99

Shnookina wrote: »

as it stands right now hes staying with me 2 nights a week

I would say you probably can't claim because you are no longer 'responsible' for him.

Responsible for tax credits means he is 'normally living' with you. I would say that 2 nights a week is not normally living with you, he is normally living with the other parent.

IQ

HappyMJ

Shnookina wrote: »

My son has decided he wants to spend more nights at his dads than at home with me. I still need to pay for things for him and such. I dont think his father is making a claim for the child tax credit so should i keep claiming it? I presume it would stop if he made a claim for it?

If you can agree amongst yourselves then you can keep the child benefit and child tax credits.

Icequeen99

HappyMJ wrote: »

If you can agree amongst yourselves then you can keep the child benefit and child tax credits.

That isn't correct.

You can only do that where the child is said to 'normally live' with both parents and they then look at the main responsibility test if the parents can't decide.

The qualifying condition remains that the child has to be normally living with the person claiming - if the child isn't doing that then there is no entitlement regardless of whether the other parent agrees or not.

IQ

HappyMJ

Icequeen99 wrote: »

That isn't correct.

You can only do that where the child is said to 'normally live' with both parents and they then look at the main responsibility test if the parents can't decide.

The qualifying condition remains that the child has to be normally living with the person claiming - if the child isn't doing that then there is no entitlement regardless of whether the other parent agrees or not.

IQ

It sounds as if the son does live with both parents so it is up to the parents to decide amongst themselves. 2 days is still 2 days what defines living with both parents? Is it only exactly 3.5 days?

Icequeen99

HappyMJ wrote: »

It sounds as if the son does live with both parents so it is up to the parents to decide amongst themselves. 2 days is still 2 days what defines living with both parents? Is it only exactly 3.5 days?

Normally living with is defined by HMRC as its ordinary every day meaning of regularly, usually, typically lives with them which allows for temporary or occasional absences.

I would say in this case, and indeed many I have dealt with, he wouldn't be said to be normally living with the OP.

It's up to the OP to decide really if she thinks he does meet that definition and if so, then she can keep claiming. It would only be an issue if HMRC picked it up on a compliance check.


IQ

pmlindyloo

A link for you:

http://www.revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/entitlement/ctc-elements/

pmlindyloo

If the child has all his clothes/possessions etc at his mum's house but spends the nights at his dad's - perhaps because dad is working, then it could be argued that mum still has the main responsibility.

So, you need to ask what is the set up? If dad is working where will the child be during the school holidays? Based at Mum's or Dad's?

Icequeen99

pmlindyloo wrote: »

If the child has all his clothes/possessions etc at his mum's house but spends the nights at his dad's - perhaps because dad is working, then it could be argued that mum still has the main responsibility.

So, you need to ask what is the set up? If dad is working where will the child be during the school holidays? Based at Mum's or Dad's?

But the main responsibility test probably won't apply. It is only relevant where both parents meet the 'normally living with' test and there are competing claims.

As there is no competing claim, only the normally living with test is relevant and if she meets that then she can claim without having to consider the main responsibility test.

IQ