child benefit - how to change it when OH is not mentally able

stephen77
stephen77 Posts: 10,342
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edited 13 June 2019 at 8:45PM in Benefits & tax credits
Posting on behalf of a a friend at work.

His wife had a stroke and bed bound etc
she is not physically or mentally able to change her child benefit over to her husband.

The money is just going straight into her account and sitting there.

He said he can get a solicitor to change power of attorney over to him. But that will cost £900. Which he has not got spare.

Is there anyway he can get the child benefit changed over to his account so he can use it to benefit their children?
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  • calcotti
    calcotti Posts: 15,696
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    Contact Child Benefit office to see if they can become an appointee https://www.gov.uk/claim-child-benefit-behalf-someone-else/if-someone-ill-or-disabled.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • stephen77
    stephen77 Posts: 10,342
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    calcotti wrote: »
    Contact Child Benefit office to see if they can become an appointee https://www.gov.uk/claim-child-benefit-behalf-someone-else/if-someone-ill-or-disabled.


    Thank you.
    He was not aware of that form so is going to fill it when he finishes work.
  • calcotti
    calcotti Posts: 15,696
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    stephen77 wrote: »
    Thank you.
    He was not aware of that form so is going to fill it when he finishes work.

    Don’tknow If it will work - was just a suggestion, but definitely worth asking HMRC. They may be able to offer an alternative.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • elsien
    elsien Posts: 32,522
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    edited 14 June 2019 at 7:28PM
    Appointee route is the way to go for benefits. This would also allow him to apply for benefits such as PIP on her behalf.

    However that will not allow him to manage her bank accounts or other assets. What does he mean, he can get power of attorney changed over to him?
    If there is already a power of attorney then it can't be amended if she lacks capacity to do so herself. If there isn't one, then it's too late, he would need to look at applying for deputyship if there are enough assets to make it worth while. He does not need a solicitor for that, he can download and complete the forms himself but there a a cost, both initially and ongoing.

    https://www.gov.uk/become-deputy

    It is not a quick process so if he feels it is necessary then he should do it sooner rather than later.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • jenny54321
    jenny54321 Posts: 29 Forumite
    The fact that the lady is in receipt of child benefit she will automatically get national insurance contributions if she isnt working -
  • calcotti
    calcotti Posts: 15,696
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    edited 15 June 2019 at 7:53AM
    jenny54321 wrote: »
    The fact that the lady is in receipt of child benefit she will automatically get national insurance contributions if she isnt working -

    Only if child is under 12 years old - but it's a good point.

    OP, if the child is under 12 your friend may want to see if they can simply get the benefit paid to a different account while keeping wife as the claimant so she gets NI credits if she needs them.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Mojisola
    Mojisola Posts: 35,551
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    As her health is so bad, she should be getting health benefits which will give her NI credits towards a pension.
  • calcotti
    calcotti Posts: 15,696
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    Mojisola wrote: »
    As her health is so bad, she should be getting health benefits which will give her NI credits towards a pension.

    That would depend if she qualifies for ESA or UC, she may not depending on past work history, household income and current sickness status.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • WillowCat
    WillowCat Posts: 974
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    calcotti wrote: »
    That would depend if she qualifies for ESA or UC, she may not depending on past work history, household income and current sickness status.

    If too much income/capital for means tested benefits, and she doesn't have the required NI conts, then she can (or rather he on her behalf once he has appointeeship) make a claim for credits only ESA.
  • stephen77
    stephen77 Posts: 10,342
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    edited 15 June 2019 at 8:48PM
    jenny54321 wrote: »
    The fact that the lady is in receipt of child benefit she will automatically get national insurance contributions if she isnt working -

    She is not working.
    She is unable to work.

    I am not sure what she or he is getting towards benefits.

    It was a conversation at work. He said he struggling with money since her stroke. Eg 2 good wage earners with full time jobs to 1 wage earner.
    He said he can not even claim her child benefit as in the OH name.
    He said he tried at the bank to no avail.

    I know this forum is a good for helping people. So thought I would post on his behalf as most likely get pointed in the right direction.

    I would not be surprised if they are entitled to more help than he is getting.
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