Child residency, benefits and school fees

LordStilton

Not sure where exactly to post this, I can't find anything similar to my situation already on the MSE forums!

My wife and I have been legally separated for years. We have two daughters who board at a specialist school during the week, which has subsidised fees depending on parents' earnings. I usually have our daughters at home with me at weekends and holidays as my wife works away a lot, however now she has to move and this may make weekends with her for our girls infeasible due to travel time . Currently my wife pays all the school fees and I do not enter into the school’s determining of how much is paid and how much the DfE pays. We want to change ‘residency’ of the girls over to me as I am on benefits and currently can only afford to rent a one-bedroom flat and this would allow me to afford an extra room for us. Citizens Advice informed me that there are DfE ‘rules’ regarding whether the school can still charge my wife for our girls’ school fees if the girls live solely with me, in a separate household to her, but I cannot find these rules on the government website. We all want my flat to be the official girls’ residence and would like to know if this then makes me the only parent eligible for the school's calculation of fees, and whether I am eligible for any fees as all my income is solely benefits (ESA, Housing, PIP). We are prepared to make a legal agreement regarding their residency if necessary, though we have always just had a verbal agreement between us regarding residency and child benefits up until now.

Please can anyone advise us on whether our desired scenario is achievable, and if so, how to go about it or find the relevant information. I would rather not contact the school again until I know exactly what my rights are.

tightauldgit

Is there any reason why you don't want to contact the school? I would imagine that provided you aren't trying to pull a fast one then they would be the absolutely best positioned people to tell you exactly the situation as they will know what the rules are.

sheramber

If the fees are subsidised by the school then you need to ask them. Nobody here will know their processes.

Spendless

Didn't CB give you details of these rules and where you could find them? Would your ex be willing to continue paying fees even if the girls don't live with her? 

silvercar

If your wife has an income and will continue to do so, why should this change what she contributes?

I am confused with the set up. Do the DfE subsidise the school fees depending on income or is it the school (trust/ charity) that does? I know some boarding schools where the DfE pays for the education, but the boarding element is paid by the parent(s) and that may be income assessed, but the DfE always pays all the education element.

T.T.D

I’m not sure about the school but there’s some advice I may be able to offer that’s useful.

1.if the children reside with you, you have to  claim the child benefit, this will help proof of residency, HMRC will require your ex wife to either confirm or deny the residency changes and on confirmed or letter ignored you will be in receipt of child benefit after a few weeks.

2. Depending on how old the girls are they may require their own space at weekends with you and during the holiday terms, check with your local council housing team as you may be eligible to 2 bedroom or even 3 bedroom home.

3.Claim Universal credit for the child element you essentially swap ESA means tested for UC or if you have contribution based esa UC will deduct yearly income of esa but top you up with child element per month so you end up better off. 

4.you can ask your ex wife for child support and schooling fee’s to keep the boarding school going and give the kids some pocket money on weekends. 

This is all subject to your conditions of course. 

TBagpuss

You might want to ask on the benefits board. I think for most pusposes, you having the child benefit in your name will be accepted as evidence of the childnre living with you, but you and your ex can alsodraw up a parenting plan or parenting agreement - the Cafcass Website might be helpful to havea temaplate panreting plan.

Does your wife have copies of the last set of forms she filled in to asses the contribution tothe fees? It might hep to calrify whether your income was disregarded becasue you are reiceing meanas tested benefits, or ecause they ony look at the parent with care of the children.

You would also be enetitlded to laim child support (CMS) from her- this doesn't normally affect means tested benefits but might be relevant in terms of your contribution ti school fees