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Child Benefit - has anyone successfully claimed half?
#1
Hi, 

I have my kids 50% of the time, but have just been told by the CSM that because it is clearly 50/50 shared care, that maintenance has been decided based on who receives the child benefit.
When I have spoken to the child benefit agency previously, they have said that once someone is awarded it, it is not possible to change the receiving parent. 

Has anyone successfully managed to change the child benefit recipient or even split it (eg claim for one child each)? 

Thanks
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#2
(07-07-2016, 10:15 PM)Chrispy Wrote: Hi, 

I have my kids 50% of the time, but have just been told by the CSM that because it is clearly 50/50 shared care, that maintenance has been decided based on who receives the child benefit.
When I have spoken to the child benefit agency previously, they have said that once someone is awarded it, it is not possible to change the receiving parent. 

Has anyone successfully managed to change the child benefit recipient or even split it (eg claim for one child each)? 

Thanks

There has been threads on here where that is in place, but by agreement.

The problem you will have, is since the Welfare Benefit Reforms, Child Benefit is now the deciding factor on ability to claim everything for the child, for example Tax Credits and the child's occupancy considered for Housing Benefit (Number of rooms you can claim for or Bedroom Tax).  This means that the resident parent then has what the law says they need to live off, and any Child Support they get is not considered for means tested benefits.

How it would work is both children are treated as separate cases.

Child A, Parent A gets Child Benefit for. That parent claims anything they can (website to check http://www.entitltedto.co.uk).
Parent B might have to pay child support (Calculator http://www.gov.uk/calculate-your-child-maintenance )

Child B, Parent B gets Child Benefit for.
Parent A might have to pay child support.

Child Support only considers the income of the none resident parent of that child (who does not get the child benefit), it will then change the disposable income to take into account supporting the other child (and any other dependent children they or any new partner has, who lives with them (and either of them get child benefit for them). The final part of the calculation is a reduction for the amount of staying contact.

You need to make payments in full as separate transactions either for the agreed amount if a family based agreement, or the CMS amount. Otherwise at a later date you can be accused of not paying either part or the full amount.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Thanks
Reply
#4
(07-08-2016, 05:16 AM)MarkR Wrote:
(07-07-2016, 10:15 PM)Chrispy Wrote: Hi, 

I have my kids 50% of the time, but have just been told by the CSM that because it is clearly 50/50 shared care, that maintenance has been decided based on who receives the child benefit.
When I have spoken to the child benefit agency previously, they have said that once someone is awarded it, it is not possible to change the receiving parent. 

Has anyone successfully managed to change the child benefit recipient or even split it (eg claim for one child each)? 

Thanks

There has been threads on here where that is in place, but by agreement.

The problem you will have, is since the Welfare Benefit Reforms, Child Benefit is now the deciding factor on ability to claim everything for the child, for example Tax Credits and the child's occupancy considered for Housing Benefit (Number of rooms you can claim for or Bedroom Tax).  This means that the resident parent then has what the law says they need to live off, and any Child Support they get is not considered for means tested benefits.

How it would work is both children are treated as separate cases.

Child A, Parent A gets Child Benefit for. That parent claims anything they can (website to check http://www.entitltedto.co.uk).
Parent B might have to pay child support (Calculator http://www.gov.uk/calculate-your-child-maintenance )

Child B, Parent B gets Child Benefit for.
Parent A might have to pay child support.

Child Support only considers the income of the none resident parent of that child (who does not get the child benefit), it will then change the disposable income to take into account supporting the other child (and any other dependent children they or any new partner has, who lives with them (and either of them get child benefit for them). The final part of the calculation is a reduction for the amount of staying contact.

You need to make payments in full as separate transactions either for the agreed amount if a family based agreement, or the CMS amount. Otherwise at a later date you can be accused of not paying either part or the full amount.
my son was awarded 50/50 residency in April....has successfully been awarded child tax credits and was sent a form asking for information regarding child benefit....as only one parent can claim,if the other claims and the first parent does not agree it apparently goes to a higher up who will look at all information and make a decision as to where the help from this benefit is most needed...
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#5
(07-09-2016, 04:45 PM)nannymcfee Wrote:
(07-08-2016, 05:16 AM)MarkR Wrote:
(07-07-2016, 10:15 PM)Chrispy Wrote: Hi, 

I have my kids 50% of the time, but have just been told by the CSM that because it is clearly 50/50 shared care, that maintenance has been decided based on who receives the child benefit.
When I have spoken to the child benefit agency previously, they have said that once someone is awarded it, it is not possible to change the receiving parent. 

Has anyone successfully managed to change the child benefit recipient or even split it (eg claim for one child each)? 

Thanks

There has been threads on here where that is in place, but by agreement.

The problem you will have, is since the Welfare Benefit Reforms, Child Benefit is now the deciding factor on ability to claim everything for the child, for example Tax Credits and the child's occupancy considered for Housing Benefit (Number of rooms you can claim for or Bedroom Tax).  This means that the resident parent then has what the law says they need to live off, and any Child Support they get is not considered for means tested benefits.

How it would work is both children are treated as separate cases.

Child A, Parent A gets Child Benefit for. That parent claims anything they can (website to check http://www.entitltedto.co.uk).
Parent B might have to pay child support (Calculator http://www.gov.uk/calculate-your-child-maintenance )

Child B, Parent B gets Child Benefit for.
Parent A might have to pay child support.

Child Support only considers the income of the none resident parent of that child (who does not get the child benefit), it will then change the disposable income to take into account supporting the other child (and any other dependent children they or any new partner has, who lives with them (and either of them get child benefit for them). The final part of the calculation is a reduction for the amount of staying contact.

You need to make payments in full as separate transactions either for the agreed amount if a family based agreement, or the CMS amount. Otherwise at a later date you can be accused of not paying either part or the full amount.
my son was awarded 50/50 residency in April....has successfully been awarded child tax credits and was sent a form asking for information regarding child benefit....as only one parent can claim,if the other claims and the first parent does not agree it apparently goes to a higher up who will look at all information and make a decision as to where the help from this benefit is most needed...

It does not to go higher up to look at where the help is most needed, its to get a decision on who has the child over 50%.

How the process works is if the other parent objects to a claim, they both need to send in prove, what is why we advise to get Contact in place in a way you can prove.

Our system is wrong, when it gives benefit to just 1 parent, so the other finds it hand to be able to afford things during contact, and what is even worse is the fact that is encourages the resident parent to try to reduce staying contact, to make them better off.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#6
Thanks everyone!
The real issue that I have is regarding the CMS stating that I should pay maintenance purely on the basis of child benefit being paid to the mother. They agree that we have 50/50 time and responsibility (the mother has admitted it), but despite the government guidelines stating that in the event of equal shared care no maintenance should be paid, they have still chosen in her favour. I just need to plan what to do next as it is the principal of the thing that is frustrating me the most (the mothers household has sufficient income and that the maintenance is being used for holidays, ironically without the children!).
I am still waiting on the official CMS letter which I hope states the reason which may give me some leverage with the Child Benefit.
The bad thing with child benefit is that I only want 50/50 care as I don't want the kids feeling like I stopped them seeing their mum when they are older. I also have no interest in receiving money from their mum. To get the child benefit I would need to prove greater than 50/50 which goes against the principal of sharing responsibility.
Ultimately you are true that it reduces contact by the receiving party and also makes the paying party reconsider their position. I have made lots of career sacrifices to maintain 50/50 care and if I am going to be financially punished for it, I am honestly going to have to rethink it. The whole system is wrong.
Reply
#7
(07-10-2016, 09:12 AM)Chrispy Wrote: Thanks everyone!
The real issue that I have is regarding the CMS stating that I should pay maintenance purely on the basis of child benefit being paid to the mother. They agree that we have 50/50 time and responsibility (the mother has admitted it), but despite the government guidelines stating that in the event of equal shared care no maintenance should be paid, they have still chosen in her favour. I just need to plan what to do next as it is the principal of the thing that is frustrating me the most (the mothers household has sufficient income and that the maintenance is being used for holidays, ironically without the children!).
I am still waiting on the official CMS letter which I hope states the reason which may give me some leverage with the Child Benefit.
The bad thing with child benefit is that I only want 50/50 care as I don't want the kids feeling like I stopped them seeing their mum when they are older. I also have no interest in receiving money from their mum. To get the child benefit I would need to prove greater than 50/50 which goes against the principal of sharing responsibility.
Ultimately you are true that it reduces contact by the receiving party and also makes the paying party reconsider their position. I have made lots of career sacrifices to maintain 50/50 care and if I am going to be financially punished for it, I am honestly going to have to rethink it. The whole system is wrong.
The only way forward is to contest the Child Benefit, if its not you both claiming for 1 child each.

You need to prove its 50/50, and if they reject claiming for 1 child each, take it to appeal and get your local MP involved.

The law says both parents have to financially support the children, but the decision is based round who Child Benefit say is the Resident Parent, what then gives CMS the right to enforce payment.

When working out the amount of Support, make sure you putting in the correct number of staying contact nights into the calculation. http://www.gov.uk/calculate-your-child-maintenance
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#8
Thanks Mark
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