Fraud

kazz3105_2

I'm after some advice please.
I have custody (through the court) of my 14 year old niece, she was removed from her parents because her health and well being was compromised. I took her rather than her go into care.
The mother is still claiming child benefit and tax credits for her while I receive nothing.
I have informed the relevant departments (November last year)but she still takes it from the bank every week, they seem to be letting her get away with it. she also gets housing benefit for a 2 bed house but lives alone, she has just renewed her claim for tax credits and changed address to another 2 bedroomed house. I have had custody since August 2017, but in December 2016 he was removed from her care she was with me through to April (Foster family) and came back to me in the August. She is pi**ing her money up the wall and I don't receive a penny for her! this cant be right surely??
Her daughter wont even see her anymore, she wants nothing to do with her mam.

[Deleted User]

Have you actually applied for child tax credits and child benefit or just reported the mother?

An application would get it sorted.

[Deleted User]

Remember child tax credits would be UC now.

kazz3105_2

Yes I have but because mam is saying daughter still lives with her its causing problems. Even her social worker sent a letter and a copy of the court order. I might hear in December.
I can't claim UC I receive severe dis. prem. so as yet can't claim it (lucky me)

NedS

You can also report benefit fraud anonymously, either by phone or online:

https://www.gov.uk/national-benefit-fraud-hotline

As mentioned above, an application for child benefit will force them to look at it, at which point you can present the evidence you have (court order). Entitlement to Tax Credits (or child element of UC) are usually determined by who is in receipt of the child benefit, so once you have the child benefit, the tax credits should also stop.

If the parent has failed to report a change of circumstance that has given rise to an overpayment, that overpayment will be passed to debt recovery and will be deducted from future benefit payments.

Alice_Holt

https://www.gov.uk/child-tax-credit/responsibility-for-child

https://www.gov.uk/child-benefit-child-lives-with-someone-else
"The Child Benefit Office will tell you if they get another claim for your child. They’ll help you decide who should claim if you can’t decide for yourself."

https://www.entitledto.co.uk/help/Children-and-dependants-overview-Universal-Credit
"What happens if responsibility for a child is disputed
The main responsibility for a child may sometimes be disputed with another person, for example an ex-partner.
If you and the other person can't agree who has main responsibility, a decision will be made on your behalf based on information you both provide such as:
who the child normally lives with
who meets the child's day to day needs - for example, shoes and clothing
whether or not a court custody order is in place
the child's contact address on school, nursery or medical records"

As shel suggests put in a claim for child benefit and Child Tax Credits. Supply the info to show that you satisfy the tests listed above and HMRC will make a decision on the basis of information supplied. If you are still awaiting a decision, chase up HMRC via your MP and make a complaint about their delay in making a decision.
May be worth getting advice from your local advice agency / welfare rights / CAB.
A well resourced agency may possibly be able to help with a pre -action judicial review letter
https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters/delays-decision-making

If you don't agree with their decision, remember you can appeal it to Tribunal.