Child Benefit / Tax Credit Advice Needed..

smevans
smevans Posts: 169 Forumite
in Benefits & tax credits
Hi,

Was wondering if anyone can give any thoughts on my situation.

My partner and I have split up, we were housed by a local housing association and my partner received tax credits / child benefit direct into her bank account.

I am buying a flat myself with the intention that our child spends equal time at both homes each week.

The child is registered to my ex's home as its primary home.

Would I be right in thinking I will be unable to claim any benefits even though I will equally be supporting our child at my new home ?

Currently I pay for all of his childcare and will continue to do so.

:question:
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Comments

  • exil
    exil Posts: 1,194 Forumite
    Can't tell unless we know you and your partner's income.
  • smevans
    smevans Posts: 169 Forumite
    exil wrote:
    Can't tell unless we know you and your partner's income.

    My ex partner is on £18k afaik

    I am on £24500.
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    Child Benefit will be paid to the parent with the main care of the child, as will any tax credits that are payable (probably around the £547.50 mark p/a, minimum, although childcare may bump that figure up a bit)
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • smevans
    smevans Posts: 169 Forumite
    CIS wrote:
    Child Benefit will be paid to the parent with the main care of the child, as will any tax credits that are payable (probably around the £547.50 mark p/a, minimum, although childcare may bump that figure up a bit)


    Yeah but the issues for me is we will equally have our child with us ?
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    The child benefit rules on deciding the payee are here
    http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM08060.htm
    and tax credits rules are here
    http://www.hmrc.gov.uk/manuals/tctmanual/TCTM02207.htm
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • smevans
    smevans Posts: 169 Forumite
    CIS wrote:
    The child benefit rules on deciding the payee are here
    http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM08060.htm
    and tax credits rules are here
    http://www.hmrc.gov.uk/manuals/tctmanual/TCTM02207.htm


    Thanks for the links :)

    I think its silly that they cannot split the payment.

    In our case we have amicably agreed that we will spend equal time with our son - therefore we will both need to provide for him financially.

    HMRC really should have a proviso for situations like ours..
  • Scarlett1
    Scarlett1 Posts: 6,887 Forumite
    smevan you could ask your ex for a contribution for food for the time that your child stays with you, but I dont think you need it when you are on nearly £25,000 ;)

    you could get the CSA onto her, but she can do the same to you, and unless you actually have it in writing that you are to have shared care you wont have a leg to stand on, also it wont equal out exact cause one of you will have the child for 4 days, and the other for 3 days :confused:
  • Savvy_Sue
    Savvy_Sue Posts: 46,014 Forumite
    Name Dropper First Post First Anniversary
    You could also transfer the CB claim from one to the other in alternate years ...
    Signature removed for peace of mind
  • alwaysskint96
    alwaysskint96 Posts: 984 Forumite
    We are in exactly the same position my OH and as we do not live together yet have totally shared care of our son. My OH has him 4 days one week and 3 the next and vice versa

    I received CB and tax credits for him- along with my other 2, so I am the one that buys the majority of the stuff he needs
  • smevans
    smevans Posts: 169 Forumite
    Scarlett1 wrote:
    but I dont think you need it when you are on nearly £25,000 ;)

    I see your point but it doesnt work out to much now that I have applied for a mortgage on my own meaning i have to run a home, pay for my childs chilcare, run a car etc all on my own. I will be skint :(
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