Difficult situation

Darksparkle

maxmycardagain wrote: »

That would be pointless as the mother is on benefits herself

I wouldn’t call an extra £7 a week pointless. Every little helps and all that.

Darksparkle

maxmycardagain wrote: »

He needs to see a benefits advisor outside the DSS/DWP "arena" as they seem to minimise what he could possible claim.

He should at least be contacting HMRC to claim CTC in HMRC meantime.

GlasweJen

I imagine there’s a social worker involved here? Ask the social worker for a welfare rights referral for the parent and child. You can’t have a parent claim carers alllwance for a child who’s been removed for child neglect!

maxmycardagain

the MP has contacted the DSS/DWP

the social worker has done the same

xylophone

the MP has contacted the DSS/DWP

the social worker has done the same

And what have they been told by way of explanation?

Alice_Holt

It may be better if you point your friend to this forum, he posts a thread, and then he can then give us the full picture with the relevant details we need to give him useful advice.

I find it difficult to believe that if:
"the MP has contacted the DSS/DWP
the social worker has done the same"
- then no progress has been made, given the circumstances you have outlined.

maxmycardagain

xylophone wrote: »

And what have they been told by way of explanation?

Simply that the case is open but the mother refuses to give up the carers allowance or DLA (im not privvy to the exact wording of the award and the dad has started from scrratch with no paperwork or reference details)

it seems by simply not replying to letters that she gets the confused DWP system closes claims down.

maxmycardagain

She is, in effect, attempting to force his hand and give the kids back but he has the court order granting custody and a non-molestation order aginst her

Alice_Holt

maxmycardagain wrote: »

Simply that the case is open but the mother refuses to give up the carers allowance...........

This doesn't ring true to me.
If the father has custody, and the mother is not looking after the child, then she cannot (I assume) provide the necessary 35 hours a week care for the child. This is not meeting a condition for CA, and the DWP are making an error in continuing to pay it to the mother (having presumably been made aware by the father, the MP, and the social worker that the child has little (or no) contact with the mother, and also having (presumably) seen the custody papers.

What do others think?

Unless, of course, the situation is not as we assume since the OP has not been very forthcoming in her answers.

PersianCatLady

maxmycardagain wrote: »

A very good friend has been given custody of his 2 kids due to the mothers behaviour (violence and child neglect) and is attempting to get the benefits he is due/needs.

1 child is the subject of a DLA allowance but this is still with the mother after 2 months as she refuses to hand it over.

He has worked all his life and was self employed till 7 months ago, he isnt working at the moment due to the situation.

He is getting the CHB and Income support + rent rebate (£500/month), but not the carers allowance which the mother refuses to give up.

Every letter sent to the mother is a 28 day delay by which time his claim is closed down!

he has been offered some part time work between 2 or 3 days a week (14-22 hrs), my question is:-

Would he be better off taking the work and claiming WFTC?

Or if anyone has any other suggestions?

WFTC no longer exists and Income Support is only paid in a few specific circumstances now so I think that maybe you and your friend need some up to date information and advice.

Could your friend go to the CAB (Citizens Advice Bureau) and get them to run through a benefits calculation with him??

I think that he should do that and then take it from there.