Joint care of children but dont officially live with me

Queen_of_the_Hive

Hi,

I am looking for a bit of guidance. I am a very low income earner ie 7k per annum and don't currently get any benefits (not that I like them). I have two children who with my exH, we jointly look after. As he could afford to pay the mortgage on the family home and I couldn't I moved out and now live with my new partner (he pays the rent and we share the burden of the bills). With my ExH we share costs for the kids but don't pay either side child maintenance payments. We agreed the children's official address is the family home which I still currently own but don't make any payments. I will eventually get an agreed share of the property when ExH either buys me out or we sell. ExH is a contractor, higher income earner. I haven't changed child benefit so currently not entitled to it and dont get any benefits for the kids. Financially I am on my knees due to circumstances. Would anyone know if as a parent I would qualify for any help for the kids even though they don't live with me? I have been their primary carer as I work weekends and look after them during the week. My gut instinct says no but thought I'd ask.

Rubyroobs

They would need to be living with you the majority of the time for you to claim benefits for them. Even then any eligibility ( for example to Universal credit) would depend on your joint household income so your partners income would be counted too.

Mojisola

clarissa62 wrote: »

We agreed the children's official address is the family home

I haven't changed child benefit so currently not entitled to it and dont get any benefits for the kids. Financially I am on my knees due to circumstances.

Would anyone know if as a parent I would qualify for any help for the kids even though they don't live with me?

I have been their primary carer as I work weekends and look after them during the week.

Is that all week (days and nights) or just during the day?

calcotti

To receive the child element in Universal Credit you generally need to be the person they normally live with (that is most of the time).

If time is split roughly evenly you could continue to be treated as the responsible parent.
More information here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/793844/admf1.pdf

Main responsibility
F1063 Where the child or qualifying young person normally lives with two or more persons who are not a couple, the deciding factor will be the person who has main responsibility. Who has that main responsibilityshould be decided between the persons with whom the child or qualifying young person normally lives.

F1064 If
1. joint agreement cannot be reached as to which person has main responsibility o r
2. in the opinion of the DM the choice of person with main responsibility does not reflect the actual arrangements the DM may determine which person has main responsibility.

Who can have main responsibility?
F1065 If the DM is required to determine who has main responsibility they should note that; main responsibility is not defined in regulations and should be given the meaning of the person who is normally answerable for, or called to account for the child or young person. In determining who has the main responsibility for a child or young person consideration should be given to
1. Who makes day to day decisions about the child's welfare including, for e ample, arranging and taking them to visits to the doctor or dentist or enrolling and taking the child to and from school?
2. Who provides the child with clothing, shoes, toiletries and other items needed f or daily use?
3. Who is the main contact for the child's school, doctor and dentist?
4. Who cares for the child when the child is ill?

Queen_of_the_Hive

Thanks for the info. I am main responsibility and the kids stay with me between three and four nights and with me during the day for 5 days a week. I'll take a look at Universal Credit but hoping to secure more work to avoid this situation tbh.

calcotti

clarissa62 wrote: »

Thanks for the info. I am main responsibility and the kids stay with me between three and four nights and with me during the day for 5 days a week. I'll take a look at Universal Credit but hoping to secure more work to avoid this situation tbh.

Sounds like you should be the one getting the Child Benefit.