Universal Credit Help - Without Child Benefit?

lab1066_

Hi there, a bit of a long one, but some considered advice would really help.

I have precisely 50/50 split care (down to the hour) of our son. Until now, his Mum has claimed Child Benefits but is not able to claim UC now she is with her new partner and baby due to his high income.

After our split, I had to move home with my folks, but I have my son nonetheless. When I moved back, she continued to claim CB and UC despite, at the time, me having him 5/7 days a week. So she had it 'in her name' at this point. And she now has a joint CB claim.

I'm looking to move out again finally, and would, if the CB was in my name, be able to claim a substantial chunk of UC. I've approached her to see if we could, given its 50/50 care, pop it in my name, and I'd even be happy to GIVE her back the CB element so she isn't out of pocket.

She's flatly refusing to do this.  Claiming their mortgage was calculated with the CB, how it will make a difference if they need to remortgage ever, and how, while she's on maternity leave, she no longer gets statutory pay.  Despite this, their combined income is almost double that of mine.

According to every source because, yes, for school etc., he is registered to hers, there doesn't seem to be much recourse for me.

I was just wondering what anyone else would do in this situation really, how you would handle it or accept it is what it is? Thank you so much.

Alice_Holt

My understanding is that the child element of UC can be claimed, even if you are not in receipt of CB.
However you would need to prove to UC that you are the child's main carer.  That may be difficult if your ex is recognised by the school, GP, as the main contact, buys his clothes etc.

https://revenuebenefits.org.uk/universal-credit/guidance/entitlement-to-uc/elements/#:~:text=A child element will be,main responsibility and claim accordingly.