Studying and working full time?

dad75

please help! My 19year old daughter has enrolled on a further 1year college course full time, yet she has a full time job too! CMS cannot act as they can only act if child benefits stops, yet she receives child benefit as she’s in full time education - it’s a vicious cycle. I’m not convinced she’s attending college and has only enrolled at her mums request so that the CMS payments keep rolling in. I’ve spoken to all agencies and they can’t do anything. What can I do here? Any support would be welcomed. Thanks

ZaSa1418

Did she enrol before her 19th birthday? 

poppy12345

dad75 said:

please help! My 19year old daughter has enrolled on a further 1year college course full time, yet she has a full time job too! CMS cannot act as they can only act if child benefits stops, yet she receives child benefit as she’s in full time education - it’s a vicious cycle. I’m not convinced she’s attending college and has only enrolled at her mums request so that the CMS payments keep rolling in. I’ve spoken to all agencies and they can’t do anything. What can I do here? Any support would be welcomed. Thanks

When reporting changes to HMRC that a qualifying young person is continuing in full time non advanced education you have to give them the name of the college and the name of the course they are doing, with the qualification too. If there's any doubt from HMRC then they will check with the place of study.

Providing they do at least 12 hours  per week of supervised study at college or school then this is classed as full time. https://www.gov.uk/child-tax-credit-when-child-reaches-16

It's perfectly possible for your daughter to work full time and conitnue to study, plently of students do this and my daughter was one of them.

Child benefit ends the day before her 20th birthday, once this ends your child maintenence ends with it.

Unfortunately, there's nothing you can do unless you have proof beyond doubt that she's not in full time education.

dad75

Hi, and thank you for the response. I know beyond all doubt that she has not attended college once since the course commenced on Sept 6th, yet I know she is still employed full time of which she attends work each day. Do HMRC have the powers to check with her college in order to verify the situation? Thank you! 

dad75

Yes a couple of weeks prior, but she has never attended! Yet continues to work 5 days a week. It’s a scam but I don’t know what to do…any thoughts?

ZaSa1418

dad75 said:

Yes a couple of weeks prior, but she has never attended! Yet continues to work 5 days a week. It’s a scam but I don’t know what to do…any thoughts?

Any chance she is doing the course online? You could report it to the child benefit office and then they might ask your ex to prove she is enrolled still. If she hasn't shown up then she has probably been removed from the course. 

poppy12345

dad75 said:

 It’s a scam but I don’t know what to do…any thoughts?

The report the mother....

dad75

thanks for the feedback you guys. I’m going to ask my solicitor whether he has the right to ask the college if she’s attending or not, as full time education is a clause within the financial order we have in place. Even with GDPR surely he could get that info as it relates to a mutually binding legal document. If that doesn’t work then all I can do is report the mother to the DWP for child benefit fraud which should then trigger a letter to the CMS. 

GrumpyDil

Is it only me who finds it really sad that the OP doesn't seem able to speak to his daughter about this? 

poppy12345

dad75 said:

 If that doesn’t work then all I can do is report the mother to the DWP for child benefit fraud which should then trigger a letter to the CMS. 

DWP do not deal with child benefit. That's part of HMRC.

poppy12345

GrumpyDil said:

Is it only me who finds it really sad that the OP doesn't seem able to speak to his daughter about this? 

Can't disagree with that.