Tax credits

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Hello all, i need help! Child benefit has been awarded to my little ones father. Will this affect child tax credits? Or can I continue to claim it?

My child lives with me more than she lives with her father.

Do I have to have child benefit to be able to claim child tax credit?

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  • Darksparkle
    Darksparkle Posts: 5,465 Forumite
    edited 23 June 2018 at 10:01AM
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    You don't need to claim child benefit to claim tax credits however they could ask questions to ensure the CTC claim is still correct.

    https://www.gov.uk/hmrc-internal-manuals/tax-credits-technical-manual/tctm02205

    When deciding main responsibility for a child or qualifying young person, the fact that someone receives Child Benefit for that child or qualifying young person must not be considered.
  • [Deleted User]
    [Deleted User] Posts: 4,176 Forumite
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    Wicked2 wrote: »
    Hello all, i need help! Child benefit has been awarded to my little ones father. Will this affect child tax credits? Or can I continue to claim it?

    My child lives with me more than she lives with her father.

    Do I have to have child benefit to be able to claim child tax credit?

    If your child stays with you more perhaps you should claim the child benefit?
  • Alice_Holt
    Alice_Holt Posts: 5,949 Forumite
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    edited 23 June 2018 at 9:29AM
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    Child Tax Credits (for the same child) can only be paid to one parent.
    When looking at which parent should receive CTC, HMRC will consider who:
    - the child normally lives with, and
    - has the main responsibility for the child.

    "The basic test is that a person is responsible for a child or qualifying young person (QYP) if that child or QYP is normally living with them.

    The legislation gives no further guidance on what this means. The HMRC guidance manual states that it should be given its ordinary meaning which is regularly, usually, typically lives with them which allows for temporary or occasional absences.

    The normally living with test is supplemented with the main responsibility where a child usually lives with two or more people in different households.

    If two or more people make separate claims for CTC for a child or QYP, only one claimant can be treated as responsible for the child or QYP, for tax credit purposes. In such cases, the CTC will be awarded to the person who has main responsibility. Normally both (or all) claimants will decide between them who has main responsibility and make a joint election as to who should receive the CTC. However, if agreement cannot be reached, HMRC will make the decision.

    Similarly, main responsibility is also not defined in legislation. HMRC guidance states that it should also be given its ordinary everyday meaning of someone who is normally answerable for, or called to account for, the child or qualifying young person.

    This can be quite a difficult test to apply in practice and HMRC have developed a list of factors that can be considered in determining who has main responsibility. The list is not exhaustive but includes the following factors:

    who the child or QYP normally lives with and where they keep the majority of their belongings such as clothes, toys
    who is responsible for the day to day spending for the child or QYP such as buying clothes, food and providing pocket money
    who is the main contact for school/college/nursery/childcare
    who is responsible for the health care and hygiene of the child or QYP such as making appointments with the doctor/dentist, doing their laundry
    what is the registered address for contact for the school/college/nursery/child care, healthcare
    who has legal custody of the child."

    https://revenuebenefits.org.uk/tax-credits/guidance/how-do-tax-credits-work/entitlement/ctc-elements/
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • huckster
    huckster Posts: 4,821 Forumite
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    You have the same arguments now under Universal Credit. Parents that claim the children live between separated parents at two addresses.

    What happens is that evidence is requested. E.g. Child benefit, Documents from school, Doctors, local authority. The child element is paid to whoever provides the evidence of the registered address of where the children are living. If the evidence says the children live with one parent at one address, that is who should receive the benefit. Just because one parents says they have the children at a different address from say Friday to Monday makes no difference. Any children element cannot be split between two claimants living at different addresses.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
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