Universal credit claim, dispute over children

AberdeenFan

Hello everyone, new to this forum so hopefully posting in the correct forum,

I am currently a single parent with joint custody (50/50 1 week on 1 week off every Friday) of my children (I have 3 children) and currently split benefits with my partner, she claims child benefit and i claim the tax credits.

I am about to move in with my partner who also has a child and once I've moved in with her we will be submitting a claim for universal credit and changing from tax credits. I currently earn 1,800 a month and am a bus driver, my partner doesn't work. But it looks like we will be entitled which is great,

My ex has recently been in contact saying she is starting university soon and plans to then claim for these tax credits (this would be universal credit.).

If i already have a claim in for universal credit for the children surely my ex then cannot try and claim for the children? Myself and my partner have budgeted for what we would be entitled too and i have already made decisions based on this, If my ex was to successfully claim for the children though she says she would give me some of this money, Myself and my new partner would be entitled to no benefits so would have to live off my wage?

calcotti

Only one person can be the primary carer. Who currently receives the child benefit?

DWP guidance on the child element is here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/793844/admf1.pdf

See paragraphs F1056 to F1065. If you cannot agree the DWP will decide who can claim.

AberdeenFan

We are classed as having shared residency of the children as their time is spent jointly between both households.

My ex gets the child benefit as was our agreement when we seperated, she would claim child benefit and i would claim tax credits, however i do believe it's possible to dispute child benefit claims,

littleredhen

https://www.gov.uk/government/publications/universal-credit-and-your-family-quick-guide/universal-credit-further-information-for-families

sportsarb

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/793844/admf1.pdf

F1056 onwards details what will happen if you both try and claim responsibility for the children and include them in a claim. First off, you would be expected to resolve it yourself, if you can't then it will fall to a DWP DM who will have to base their decision on what information is made available to them.

littleredhen

https://www.opfs.org.uk/publications/universal-credit/

11krage

You've received good advice here. Just to add to it, I'd strongly advise you to make sure UC is aware of this issue and what you're doing to try and resolve it with your ex partner. And to keep them updated. That way you won't end up in a sticky situation if you both try claiming for the children. You can phone or tell someone at the jobcentre if you wish, but whatever you do make sure you also write these updates in your electronic journal. That way there will be a record you're not trying to deceive anyone if it all goes wrong. If it looks like you and the ex can't reach an agreement, make sure you ask UC to make a decision maker task to decide who should get the child element and check they've done this.


On a less formal note, if you and your ex will be in similar financial situations and are both caring for the children an equal amount of time, wouldn't it make sense for both child benefit and (one lot of) the child element to be split between you by whoever receives it sending half to the other parent?