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Child Benifit, Following a split, still claimed by parent who wasnt looking at the child !


annonboy01
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4 Months ago, my wife and I split.

 

I had been subject to years and financial, emotional and physical abuse, so my head wasn't in the best place, I wasnt aware of what benifits etc were being claimed , I had a budget given to me of £5 per week and that was it as far I knew anything about money, I worked and earned good money but never saw it, my ex didnt work and controlled everything.

 

One of our children elected to come and live with me at the time of the split.

 

My ex wife , then started throwing loads of disgusting ( and proven , false) allegations around , further adding to the pressure I was under.

 

When we left, we were not permitted to take anything with us, we had to start all over again.

 

In Nov, 3 weeks after the split, once I had started to get us both back on our feet, I submitted a claim for Child Benefit and child tax.

 

Last week I received a letter saying that my ex had not informed HMRC of a change and had still been claiming for Child Benifit from Oct until dec 24th, for the child that was no longer living with her.

 

I asked if there was a way I can claim this money back, as I had to buy a whole new wardrobe for our child (no goods have been returned to date and probs would no longer fit anyway) and I had been feeding etc our child since Oct but HMRC didn't seem too bothered about this and said because my ex didnt tell them , it was tough, isnt this benefit fraud ? not declaring a change ?

 

I have police/solicitors/cafcass reports all detailing that we both left in Oct, is there anyway I can claim the Child Benefit for the child that lived me since Oct or does my ex get to keep it all because she didnt tell them ?

 

I assume Child Tax will be the same but I have not yet heard from them,

 

Thanks Ppl.

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You can appeal the decision but has to be done within one month of the letter they sent you saying you couldn't get it. She should have reported the changes. Don't think you can get child tax credits without getting child benefits. In my experience I got child benefit when I got a residency order but got told the mother would still receive it for another 12 weeks in case "anything changed". Have a look on hmrc.gov.uk website under "appealing against a child benefit decision". From what you've said I'm surprised by what they told you.

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No this isn't right. If you have the child with you, you're entitled to the child benefit.

They don't seem to make any sense when it comes to benefit fraud, looks like in this case they are fine with it.

But it doesn't change the fact that you now have the child with you, so you should be claiming the child benefit. I would be asking to speak to someone higher up in that office.

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Sorry, to confirm, I now have child Benifit

 

However it's only bring paid as of January

 

Not oct-dec

 

The months that were the most expensive, owing to having to buy my child a whole new wardrobe and toys etc

 

I don't think it's fair that my ex has had 12 weeks x £20 for a child that wasn'tlliving with her and it seems that she's ok to keep that money and not give it bback?

 

Many thanks

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As far as I know you can't its the rules they go by, I tried and said how it was all wrong but all they said was "that's the way it works". You should apply for tax credits as soon as you can though, there is a good benefits calculator on turn2us website, put in your details and it'll work out if and how much tax credits you're entitled to then you get an idea how much you should get when you a put a claim in.

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Unfortunately unless Social Services were involved to state that your child was now in your care then what has happened is correct, the other parent has an entitlement to claim and continue receiving the child benefit and tax credits for a maximum of 8 weeks following the child leaving their home.

The only other way around it was for the other parent to write a letter relinquishing child benefit in favour of yourself at that time.

Child Tax Credits will only become payable after the award of child benefit in your nane.

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