Child benefit being paid to wrong person help!

sheramber

I would argue that  being told  it is being claimed by someone else is a decision.

Alice_Holt

Limara said:

sheramber said:

Limara said:

ElwoodBlues said:

It's not clear from you post - has your son actually been through the CB dispute process? If not then he needs to make it clear that he wants to dispute ex's claim. At the moment it sounds like he's just been informed there's a counter claim and then backed off? CB often try to talk parent's out of launching a CB dispute (possibly because it's more work for them). To do the process properly they should be asking both sides for evidence of who is the primary carer - things like GP and dentist registration, school/college arrangements (who the emergency parental contact is) etc, and any court order re child contact arrangements.

It sounds likely that those things should all point to your son being the primary carer?

Is there anything official he has to do to dispute, he puts in applications, and phones up being told they are investigating and they will    be contacting  her.

The link in my post above takes you to a form to complete to make  complaint

Sorry is that to reconsider a decision it says must be done in one month of decision  which he's never had. 

     The decision not to pay CB is a decision you can appeal. 

      This is the process:
       
     https://www.citizensadvice.org.uk/benefits/child-benefit/child-benefit-appeals/challenging-a-child-benefit-decision-mandatory-reconsideration/

      Get and submit all the evidence you can documenting that your son is the main carer and that the child lives with him - see Elwood Blues post for the info required.  And this a good guide to the info to supply and the tests applied by HMRC (relates to Tax Credits but applicable to CB):
 https://revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/entitlement/ctc-elements/#Being responsible for a child or young person
  
     It will likely go to tribunal.

 https://www.citizensadvice.org.uk/benefits/child-benefit/child-benefit-appeals/appealing-a-child-benefit-decision-at-tribunal/

I'd get started asap, as the appeal process won't be quick.
If you have difficulty following this process, see if your local advice charity can help.