Child benefit payment

CJ123

Hi. I had the child benefit payment paid into my account as I didn't think I'd be earning enough when I was with still with my ex partner (to qualify for the NI for the year for pension).

We have since split and my partner told me she is claiming for our child.

Two months on, I'm still receiving the child benefit payment.

Should it not have been picked up by hmrc when she's claimed for the child tax credits?

Am I still ok to receive the payments since splitting or do I need to contact them to pay back? (My daughter is with me the most, but her mother is always struggling with money so haven't challenged it (yet).

CJ123

To add on....

I'm presuming I can't claim the child benefit if she's claiming child tax credits?

poppy12345

If you were claiming tax credits when you were together then you should have reported those changes because your partner will not be able to start a new claim as a single person.

All areas are now Universal Credit so your partner will need to look at claiming this.

As you didn't report the changes when you split, any over payment will need to be repaid back.

ZaSa1418

CJ123 said:

Hi. I had the child benefit payment paid into my account as I didn't think I'd be earning enough when I was with still with my ex partner (to qualify for the NI for the year for pension).

We have since split and my partner told me she is claiming for our child.

Two months on, I'm still receiving the child benefit payment.

Should it not have been picked up by hmrc when she's claimed for the child tax credits?

Am I still ok to receive the payments since splitting or do I need to contact them to pay back? (My daughter is with me the most, but her mother is always struggling with money so haven't challenged it (yet).

If the child benefit was being paid into your account was it being claimed in your name? 
Technically if the child is with you the most then you should be claiming the child benefit. 

calcotti

CJ123 said:

We have since split and my partner told me she is claiming for our child.

The above reads as her claiming child benefit.

CJ123 said:

I'm presuming I can't claim the child benefit if she's claiming child tax credits?

The above refers to her claiming Child Tax Credits.

You need to be clear what she is claiming.

As poppy says if you had a joint claim for Tax Credits then your entitlement ended when you separated and anything paid since is likely to be an overpayment.

CJ123

Sorry, meant to say she's claiming UC including child elements based on child living with her in the main.

I contacted HMRC and have been on UC based on just me with no child element.

I would have thought it would have been picked up by HMRC that the child benefit needed to be switched to her.

If she's not claimed the child benefit, is it possible for me to claim it?

ZaSa1418

CJ123 said:

Sorry, meant to say she's claiming UC including child elements based on child living with her in the main.

I contacted HMRC and have been on UC based on just me with no child element.

I would have thought it would have been picked up by HMRC that the child benefit needed to be switched to her.

If she's not claimed the child benefit, is it possible for me to claim it?

Yes you are a parent so can claim it, it is normally awarded to the parent who the child spends the most time with if the parent dispute it. 
Child benefit and tax credits are different so they would not automatically change it. 

CJ123

Sounds good thanks.

Hopefully she won't try to start claiming it or there's a backlog for switching and she's already requested it (says backlog up to 12 weeks and it's 8 weeks so far).

calcotti

Child Benefit and UC child element do not necessarily need to be paid to the same person.

CJ123

Fab ta very much.