Claiming child benefit if ex-partner cant

Kram8991

Hi, 

My ex partner is no longer claiming child benefit for our son as her new partner earns 55k per year. I've suggested to her that I claim it as I earn considerably less (24k) but she is reluctant for me to do so as she fears it may effect her pension. She currently earns £150 PW.

I'm struggling to make ends meet whilst trying to save for a deposit so that money would really help with the costs of being a single dad. I currently have my son on a Thursday afternoon/evening once I've picked him up from school, then he stays every Friday and Saturday day, and we alternate Saturday nights and Sundays. I also take him to school daily which is an hour and 30 minute trip as he attends a specialist school.

Questions are. Can I claim even though he is with his mum the majority of time?

Will it have a detrimental effect on her NI contributions and pension? 

Many thanks 

FBaby

If she doesn't work and child is still under 12, then yes, she should continue to claim to accrue NI. 

calcotti

FBaby said:

If she doesn't work and child is still under 12, then yes, she should continue to claim to accrue NI. 

Kram8991 said:

She currently earns £150 PW.

But as she earns £150/pw she is getting Class 1 NI contributions credited through work and doesn't need NI credits from CB. 

OP, to be clear, has she stopped claiming CB or has she simply stopped receiving payments but is still claiming? If she is still claiming then you cannot claim unless she surrenders her claim. If she has stopped the claim then you don't need her permission to claim.

Robbie64

Technically she still is claiming Child benefit, she just isn't being paid it. The claim hasn't ended but has been effectively been "nilled" because of her partners earnings.

Unless you can convince her to give up her CHB claim then there's not much you can do. Child Benefit Centre wouldn't transfer the claim to yourself under the circumstances you outline.

calcotti

Robbie64 said:

Technically she still is claiming Child benefit, she just isn't being paid it. The claim hasn't ended but has been effectively been "nilled" because of her partners earnings.

That depends on whether or not she has cancelled the claim.

Robbie64

calcotti said:

Robbie64 said:

Technically she still is claiming Child benefit, she just isn't being paid it. The claim hasn't ended but has been effectively been "nilled" because of her partners earnings.

That depends on whether or not she has cancelled the claim.

From the original post, I don't think she has. Without that happening... I get the impression she is reluctanct to cancel the claim as she fears it may affect her NI / pension.

calcotti

Robbie64 said:

calcotti said:

Robbie64 said:

Technically she still is claiming Child benefit, she just isn't being paid it. The claim hasn't ended but has been effectively been "nilled" because of her partners earnings.

That depends on whether or not she has cancelled the claim.

From the original post, I don't think she has. Without that happening... I get the impression she is reluctanct to cancel the claim as she fears it may affect her NI / pension.

I agree that appears likely but the opening post is unclear in that it starts with "My ex partner is no longer claiming child benefit" which is why I have asked OP to clarify.

68ComebackSpecial

If her partner earns £55k then it's possible that she would still be entitled to receive at least part of the child benefit as the point at which entitlement is lost is being in receipt of adjusted income greater than £60k.

Kram8991

Hi, thanks for the feedback.

She has advised me that she still has an account open but doesn't claim the payments due to it affecting her current partners tax. So she is not in receipt of any money. However she was advised to keep her account open due to it helping with future pension. 

calcotti

Kram8991 said: However she was advised to keep her account open due to it helping with future pension. 

It only helps if she needs the NI credits, if she is earning more than £120/week she gets treated as if she has paid NI contributions anyway.
https://www.litrg.org.uk/tax-guides/employment/what-national-insurance-do-i-pay-employee#toc-do-i-have-to-pay-nic-

If you have earnings above the lower earnings limit (£120 per week or £520 per month for 2021/22) and below the primary threshold (£184 per week or £797 per month for 2021/22) you will not have to pay any Class 1 NIC. Your NIC record will be credited, however, as you have paid Class 1 NIC at a zero rate. These may earn you entitlement to contributory benefits and the state pension.

If her husband earns £55,000 it actually isn’t sensible to give up the payments even though it increases the tax liability. They would still keep about half the CB. As 68comebackspecial says, it is only lost in entirety when earnings reach £60,000