None resident parent still claiming child benefit and tax credit, please help!

claretslass

Hi everyone, this is my first post so please be kind if its in the wrong place!
I have a child benefit/support question, hope someone can give me some good advice.

My partner and I live together with two of his daughters, now 17 and 19, and my son, 4. When we got together 3.5ish years ago he was going through a divorce and had the two girls stay with him for half the week, ie/ 3 nights one week, four the next. Daughter no.1 was away at uni. We paid their mother every month approx £120, never really worked out why,as anything such as school uniforms we still had to pay half of - but it was some figure that came from the csa website I think (didn't go through csa).

Anyway, we moved in Jan 07 to a bigger house. It meant both the girls could have their own bedroom when they stayed with us.

Daughter no2 was 18 by now and working so our payments to their mother were down to £70 per month. She decided (didn't ask!) to move in full time with us from then on and is still with us. She works long hours in a kitchen and sees her mum rarely. irrelevant really but just trying to get the full picture across.

In June, his ex sold the ex-marital home and moved to another town, at which daughter no3, 16 now ( just left school and about to start college) told us that she might as well stay with us for a few months til she got used to buses etc from college to her mums new house/passed driving test/all her friends are close to here.

After the first month we stopped the payments to the ex, but thinking it was a temporary thing, decided to put the money instead in an savings account for no3 to go towards driving lessons or whatever. it was in the budget and we figured she'd be coming asking for money anyway so it seemed like the right thing to do.

Anyhow, in about November 07 when daughter no3 showing no sign of going anywhere, my oh texted the ex asking that she pass the child benefit payments on to us - she has never made any contribution at all and we didn't think it was fair.

The response he got was 'why are you struggling?'. He responded that it was the right thing to do since we're supporting both daughters full time with no help from her. Response was 'since when have you done the right thing'!!!

There has been no mention of it since and we don't know what to do.

The main problem is that no3 is getting Education Maintenance Allowance (EMA) of £30 a week as she's told college she lives at her mums (to get it). If we made a direct claim for child benefit, what would happen?

I'm pretty sure she'd lose the EMA, but she works part time, she'd have the money we put away for her, and maybe then her mum would have to contribute?

Maybe you'll tell me we're being petty but it seems so wrong when we're working so hard to pay the bills and support everyone - and his ex is still taking the benefits every month. I also know my oh is worried that if we rock the boat then maybe she'll put the girls under pressure to go and stay there - obviously they don't want to.

This has been going round and round in my head and I just hope that someone on here can give us some advice on what to do. Or just tell me to shut up and stop moaning!

Ps Sorry I've gone on so long!!!

kelloggs36

It depends on how comfortable you are with the situation - the fact that you have the daughter living with you and she is getting benefits for her is in fact benefit fraud. Normally, if she were to hand over the child benefit to you, then Child Benefit would not investigate, but this is not that situation. Personally, I would do my best to ensure that the situation is put right - it isn't your fault that she doesn't want to help you bring up her daughter financially is it? It is not your responsibility to help her commit fraud either.

I would write to the EMA and explain the change in circumstances, also to Child Benefit and make a claim - the benefit will stop for the mother whilst they investigate the situation - it depends on whether she lies or not what will happen in the end. Child Benefit are very reluctant to remove a benefit from somebody - but if she freely admit what has happened, it shouldn't be a problem. Then it is entirely up to you to decide whether to pursue her for maintenance - if she won't pay voluntarily, there is only the CSA open, or to write it off.

kelloggs36

Oh, and write to tax credits too! You should contact the college and ensure that the records they hold for emergency contact etc are your details, and get evidence that this is the case to send to child benefit. Have you changed the address at the doctor's - you should do this too. All this will be considered when determining where the child lives.

Fran

Firstly the 18 year old who is working is a non dependant and working so does not come into it whether or not you spend money on her.

Anyhow, in about November 07 when daughter no3 showing no sign of going anywhere, my oh texted the ex

Your oh needs to speak to his daughter's mother, not send her a text about it!

The main problem is that no3 is getting Education Maintenance Allowance (EMA) of £30 a week as she's told college she lives at her mums (to get it). If we made a direct claim for child benefit, what would happen?

Has he spoken to the 17 yr old about it and whether she intends to stay at your place? Has he discussed the implications of a fraudulent claim for EMA with her?

Before reporting his ex left right and centre, perhaps your oh should have a proper conversation about this with ex and with his daughter. As kellogs says, Child Benefit would stop when a duplicate claim is put in and it can take months to sort out, meanwhile no-one is receiving it and oh might not end up with it in any case - again as kellogs says they are reluctant to take it away from the person receiving it.

I'm pretty sure she'd lose the EMA, but she works part time, she'd have the money we put away for her, and maybe then her mum would have to contribute?

Either oh would have to come to an arrangement re contribution or he would have to go through CSA. This will depend on her current financial situation.

claretslass

Your oh needs to speak to his daughter's mother, not send her a text about it!

Unfortunately all he gets is verbal abuse and the phone put down on him. She only wants to talk when she's asking him for money.
With regards to him talking to his daughter about it, he has done at some length, she fully agreed that its an unfair situation and said she was going to speak to her mum about it. She did, and her mum told her "I'll try and see you more often and spend the money on you when I do". !!! Since then, which was just after christmas, she's spent no money on her and an average of about 20 mins a week when she's picked her up from college a couple of times and dropped her off here!