Universal Credit and eldest child .. advice needed

PoloPonyHampshire · 21 August 2019 at 7:26AM

Good Morning all, I would like some help with the following.

I am a single parent, I work self employed and my Gross income, before Tax will be £30k if I work at my current rate and current hours. I work 30 hours a week. I was out of work for 2 weeks recently so moved from Child Tax Credit to Universal Credit. I start my new job today.

My children are 8,12 and 14. I have had a Child Arrangement Order in place in my name since 2017 for all 3 children. Recently my eldest decided she wanted to live with her Dad which I agreed to but she will come back and stay with me some weekends and in the holidays. The children's father is on a very high income (over £100k) so would not be claiming any benefits. Would I still be able to claim UC element for her now she is with him much more than before or would I need to stop claiming for her completely. It was only this weekend she made that decision but I want to make sure I am doing what I should be doing correctly. Many Thanks.

calcotti · 21 August 2019 at 8:18AM

To receive the child element you need to be the person they normally live with. If your eldest is now living primarily with father then they should not be included on your claim.
You also need to think about child benefit which is also paid to the primer carer.
If time is split roughly evenly you could continue to be treated as the responsible parent.

calcotti · 21 August 2019 at 11:15AM

More information here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/793844/admf1.pdf

Main responsibility
F 1063 Where the child or qualifying young person normally lives with two or more persons who are not a couple, the deciding factor will be the person who has main responsibility. Who has that main responsibilityshould be decided between the persons with whom the child or qualifying young person normally lives.

F 1064 If
1. joint agreement cannot be reached as to which person has main responsibility o r
2. in the opinion of the DM the choice of person with main responsibility does not reflect the actual arrangements the DM may determine which person has main responsibility.

Who can have main responsibility?
F 1065 If the DM is required to determine who has main responsibility they should note that; main responsibility is not defined in regulations and should be given the meaning of the person who is normally answerable for, or called to account for the child or young person. In determining who has the main responsibility for a child or young person consideration should be given to
1. Who makes day to day decisions about the child's welfare including, for e ample, arranging and taking them to visits to the doctor or dentist or enrolling and taking the child to and from school?
2. Who provides the child with clothing, shoes, toiletries and other items needed f or daily use?
3. Who is the main contact for the child's school, doctor and dentist?
4. Who cares for the child when the child is ill?

PoloPonyHampshire · 22 August 2019 at 7:29AM

Thank you both for your replies, I think based on the above she will not be my responsibility and therefore I will remove her from my CB claim x

Universal Credit and eldest child .. advice needed

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