CSA & Child Benefit - Son aged 16 now living with dad

[Dempsey40]

My son has recently moved in with me. He is 16, not in any form of education or training and has no intention of doing any.

His mother still claims child benefit for him which in turn means I still have to pay CSA. I know she should not be claiming and child benefit for him, especially as he lives with me now.

 

I have contacted the CSA several times to tell them this but they cannot stop the CSA until the child benefit stops. I have rung them and they say they will look into it but all they do is call her, she clearly lies to them and they simply believe it.

 

I have paid the CSA religiously but still have to pay for my son as well on top of that which is not fair. How can I get the child benefit payments to stop. I have thought of getting a solicitor involved but do not know really which way to turn.

 

Any advice greatly appreciated.

[MIKEY DABODEE]

Phone child benefit and inform them that your son is living with you and not in full time education they will then suspend the child benefit in respect of your son.

If he left full time education July this year she must have informed them he is staying in full time education to get the extension or it would have ceased in September this year.

If he turned sixteen after September them you may be able to put in a claim for him untill March 12. I

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017545

 

As well as receiving child benefit she will also be in receipt of Tax credits as well on the strength of the CHB

When child benefit has ceased then you can get your CSA sorted.

[Conniff]

If she is still claiming what she is not entitled to then that is theft and should be reported as such.

 

https://secure.dwp.gov.uk/benefitfraud/

 

I have been told to tell you that you must act now with the Child Benefits and that you will get your overpayments returned.

Edited November 26, 2011 by Conniff

[Nicky3]

I know this is an old thread but I am in the process of seeking a judicial review on this subject, as it is not stated in law that child maintenance must be paid just because a child benefit award remains in place favoring the other party after a child relocates.

 

The reason for my post is because I would like to have some back up for my judicial review from others who have been abused by these rules concocted by the CSA and not supported in legislation.

 

If the OP would PM me (I can’t PM as I am a new member) I would be most grateful.

 

 

 

In regard to the post above, I can tell you that a report of child benefit fraud between parents is unlikely to be considered, I have just been told this by the Parliamentary and Health Services Ombudsman and quote:

 

“In cases where the parents cannot agree who should receive Child Benefit, allegations made against the other person are not treated as fraud. The Child Benefit Office says that accusations are often made to gain advantage over the other person and are therefore not classed as verifiable evidence of fraudulent, criminal or non-compliant activity.”

Edited July 30, 2014 by Conniff
Added link to thread meantioned.

[Conniff]

I see what you mean, have moved it back.