Complicated: looking after 17 year old

itsarichmansworld

Hi I was hoping someone can help. My niece has came to live with me as her relationship with her dad has broken down. He has moved house and now she doesn't have a home to go back too.
I put in a claim for child benefit as she is still in full time education. My brother has told me he will not allow me to get the benefit instead he will give me the money.

That's all he is giving me £80 a month to feed clothe and house a 17 year old.

I contacted the CSA and they have said once I have the award letter for the CB they will start a claim against him. Now I didn't want to go this route I thought a family arrangement would be best all round but he is refusing saying he will see me in court before I get a penny of his money.

Can he stop me getting the child benefit she has lived with me for nearly 2 months there is no way she can live with her dad has now he has moved to a 1 bedroom house? Can I appeal if he has stopped the claim?

He will give me the CB no doubt but nothing else I really have no option my husband has been laid off so we have 1 income to feed 4 of us.

missbiggles1

Is the CB on top of the £80 pm or is it included in it?

itsarichmansworld

No that's including the CB total £80 a month

Darksparkle

Have you tried calling them and asking what the procedure would be in this case? It won't be unusual for them.

missbiggles1

You'll get more informed replies later but, personally, I don't think you should worry about keeping things amicable and in the family because of the way your brother's behaved.

He's dumped his daughter on you (for whatever reason), he's going to fight you for the CB (£80pcm is nearly £10 less than the CB rate), he's not paying a penny out of his own pocket to support his child and I'd put money on the fact that he's claiming and pocketing the child tax credits rather than passing it on to you.

I think you're going to need to get tough and fight him on this - he' neither acting like a brother nor a father.

ETA

And, unless your niece's mother is actually dead, you should be pursuing her for child maintenance as well.

itsarichmansworld

Mother is not dead but needless to say that would be fruitless endeavour.

missbiggles1

itsarichmansworld wrote: »

Mother is not dead but needless to say that would be fruitless endeavour.

Then let the CSA have a crack at her as well as at him.

iammumtoone

I would consider ringing social services to see if they can help. Explain the situation, the child is not your responsibility, you are prepared to help however you are unable to afford to house/keep her due the situation. If it wasn't for your kindness she would be homeless and SS responsibility, hopefully they will be able to assist you to what you are entitled to to avoid them having to take responsibility for her. I know you won't throw her out BUT they don't know that.

How long until she is 18? you need to act quick and get something in place before then as it will be more difficult once she turns 18.

pmduk

You need to make an immediate claim to CMS as CSA is not accepting new claims

itsarichmansworld

She's 18 in a few months

NotSuchASmugMarriedNow

The Child benefit and child tax credits go to the main caregiver. Contact them direct and explain the situation. Make sure you have evidence of your niece living with you such as registering at a local school and doctors.