Child Allowance Changed

[chrissa1]

My son was in court on Friday in the first round of court cases to gain full residency of his two children from his wife. They live full time with him and see their mother twice a week for 4 hours.

Can he apply for Child Allowance for them, as he is paying for everything for them now but, she is still getting Child Allowance paid to her? TIA.

[woofgang]

looks like it https://www.gov.uk/child-benefit/eligibility

[scorpiojo]

From the CAB website

//If you've separated from your partner and you're both responsible for the child, you'll have to agree between you who will make the claim. This will usually be the person the child lives with most of the time.

If you can't reach an agreement, you can both make a claim and let HMRC decide who will get the Child Benefit. There are complicated rules about who has priority but HMRC will usually give Child Benefit to the person the child lives with the most.

You can't appeal HMRC's decision about who can claim. To make sure you give HMRC the right information about your situation so they make the best decision, get advice from your nearest Citizens Advice.//

[THECORBYLOON]

Child Benefit (CHB) can be paid for up to eight weeks if the wee one is absent from the claimant and no-one else has made a claim. It can continue to be paid after that period if the claimant continues to contribute at least the same as the rate of CHB being paid.

Your son should put in a claim as soon as possible as the claim can be backdated only three months.

Your son should give the date from which he has been looking after the two wee ones and if there is any evidence submitted to the Court to confirm that, include copies with the claim.

The Child Benefit Office (it was a Centre in my day) will contact the current claimant to get her to withdraw her claim and if she refuses or doesn't reply, they can decide who has the better entitlement to the CHB.

You find the claim form here, https://www.gov.uk/government/publications/child-benefit-claim-form-ch2

[Rockrose]

I agree with everything Corby says except 1 thing - they will not ask the absent partner to withdraw - they will cease all payments until the investigation is satisfied.
You son has most of the care so he will be able to claim CHB and any other child related benefits - get him to put his claim in asap.

[chrissa1]

Thank you very much, all.

[ummmm]

Yes, of course, it's the main carer that gets it's.