Looking after son with no income support or child benefit and no money!!!!

[trout]

Hi,

 

My brother recently split with his partner ( over three months ago ).He now lives apart from her with my young nephew.He was the sole carer for the first 6 weeks ( approx ).

 

They then went to Court over custody and an intrim order gave residency to my brother with my nephew stopping with his mother for two nights a week.

 

The court has now decided upon indefinite 50/50 residency.

 

Throughout my brother has not received any financial support other than a couple of small crisis payments and the odd food parcel.

 

He has been told that he cannot get IS because he needs to be in receipt of the Child Benefit, which we assume his ex is getting.

 

He has been to his MP but has still not received any financial support.

 

Can this be right ?

 

Also, as custody is now split with each having my nephew for 5 days at a time, how

are future benefits going to be paid ie for 5 days my brother cannot work but then for 5 days he could / can the Child Benifit be split at source etc

 

BTW my nephew is 27 months old.

 

thoughts please .

[blondebubbles]

Child benefit and child tax credits can only be paid to one parent.

 

For tax credits (I'm not sure if child benefit is the same) If both parents make an attempt to claim then a questionnaire is sent asking various questions to establish who they deem the 'main carer' to be. They would ask about what address doctors/dentists/schools (where applicable) have for the child, who buys certain things etc.

 

http://www.hmrc.gov.uk/manuals/tctmanual/TCTM02204.htm

[trout]

Thanks bb, have you any idea about the Income Support problem ? I just don't see how he can go on with no financial help as he cannot work when looking after a 27 mth old.

[blondebubbles]

I'm not asking this question be rude, but why can't he work? Plenty of people with young children do and there are benefits to support seeking work and once in work. Or if there are other reasons he cannot work eg illness or disabilities then there are benefits for this too.

 

Was he working before they separated?

 

Unfortunately income support is not my area, I know more about tax credits (and some child benefit) but it does sound correct. Income support can be claimed by lone parents, if he is not receiving any benefots for a child then I don't think they'd deem him a lone parent.

[trout]

No he was not working before they separated, as he was at home looking after my nephew ( another story )

 

 

Are you saying he can get help to pay for a child minder whilst he is at work and my nephew ( pre school age ) is at home ?

 

 

thanks,

 

 

trout

[blondebubbles]

There is help through tax credits if he works 16 hours or more. They would pay up to 70% of the costs (based on income) if using a registered childcare provider/minder.

 

However to consider this tax credits would need to accept him as being the main carer for the child.

[trout]

thanks again bb,you have been very informative,

 

But do you or anybody know how my brother or his ex partner can be deemed the main carer in a 50/50 residence split ?

 

ie schools will be x 2, doctor,dentist etc x 2 child expenditure ie clothes,toys, food etc 50/50

 

cheers,

 

trout

[blondebubbles]

To be honest I've never seen a true 50:50 split. There has always been one parent that's had something over the other.

 

Best thing for him to do, in my opinion, would be to try to apply and allow them to decide.

 

If you google benefits and shared custody there are other pages/threads etc.

[caro]

Could be worth looking at the information on the gingerbread website. Lots of fact sheets and advice there.

[trout]

Thank you so much bb you have been so informative and sensitive.

 

take care,

 

trout

[trout]

Thanks caro

[caro]

Any update yet?