Shared Custody - Benefits

KCJA1989

Hi all,

Not sure if this is the right place or not.

In the event of a separation, and the custody being shared, who is in receipt of benefits?

There are three children - my assumption is that only two children would be able to be claimed for through Universal Credit (this has been the case previously). Also, who would be in receipt of Child Benefit (again, three children). Is it possible for both parents to claim for individual children or not?

Thanks.

peteuk

KCJA1989 said:

Hi all,

Not sure if this is the right place or not.

In the event of a separation, and the custody being shared, who is in receipt of benefits?

There are three children - my assumption is that only two children would be able to be claimed for through Universal Credit (this has been the case previously). Also, who would be in receipt of Child Benefit (again, three children). Is it possible for both parents to claim for individual children or not?

Thanks.

Only one of you can claim for a child, however there is nothing stopping you from one parent claiming for two children and the other parent claiming for the third.   How you split it is up to you. 

If your on amicable terms theres nothing stopping one of you claiming for the two children on UC and also claiming CB and then splitting the amounts between the two.   AS after its paid its up to the claimant as to what they do with the funds. 

If you have a financial agreement in place then it will form part of that agreement.   

poppy12345

It would be up to you both to decide what happens to the benefits claimed. The 2 child limit applies to children born after April 2017. If the children were born before that then it doesn't apply. 

sheramber

KCJA1989 said:

Is it possible for a parent to claim for a child each in that circumstance, on Universal Credit? Would the child have to live with the claimant? 

Thanks.

https://www.entitledto.co.uk/help/children-and-dependants-overview-universal-credit

housebuyer143

KCJA1989 said:

Is it possible for a parent to claim for a child each in that circumstance, on Universal Credit? Would the child have to live with the claimant? 

Thanks.

My mate tried to do this recently and did it badly. He has 50/50 custody and so he wanted to claim for one and his partner one. You need to get child benefit to claim for that child with UC, but that means your partner only gets housing allowance for one child even though she has two etc, so it's not really practical if one of you is relying on benefits to house and support you. 
She refused this arrangement and gives him half the child benefit, but even though they have 50/50 custody he's unable to claim UC for the children on his claim. 

Spoonie_Turtle

housebuyer143 said:

KCJA1989 said:

Is it possible for a parent to claim for a child each in that circumstance, on Universal Credit? Would the child have to live with the claimant? 

Thanks.

My mate tried to do this recently and did it badly. He has 50/50 custody and so he wanted to claim for one and his partner one. You need to get child benefit to claim for that child with UC, 

You don't, it's just one factor they can use in deciding who has the main responsibility for the child.  But in practice it may be that they default to using that as the deciding factor because it's simpler, so claimants would have to challenge the decision of they feel it's wrong.

sheramber

KCJA1989 said:

Thanks for the replies.

The split is amicable, just trying to understand the best way to go about things long term. Clearly, if we both have the children an equal amount of time, it seems unjustified for one party to be entitled to all of the benefits. 

It's obviously all new at the moment and just attempting to work things out.

Any advice is appreciated. Thanks. 

Since it is amicable then come to an agreement to share the benefit. Just because it is only paid to one of a couple doesnlt mean they can't share it themselves.

But you can't get double benefit.

kaMelo

Where are the children living, (actually rather than hypothetically) who claims child benefit and are you currently subject to the two child cap?