Hello all

Client is lone parent and his partner has signed child tax credits over to him, however child benefit are refusing to pay him until there is a custody hearing, which could be years away. Is this correct

Sun 11-Oct-09 02:47 PM by rwilkinson

Hi

Is the CB a rival claim? You mention that one parent had 'signed over' the CTC, but have the signed over the CB as well? Either way 'the custody' hearing thing is nonsense - for a start there is not such thing as 'custody' except i suppose if you are going to prison ha ha.

There are different rules for rival claims but there is provision for both benefits to be nominated by either party provided they a) agree, and b) either meets the basic conditions of entitlement eg they have responsibility for a child etc

Hang on- I have jumped the gun? Do these child/children have separated parents? - or should I say, parents that dont count as partners for the purpose of security legislation

Rich

Thanks for your reply. In reply to your query, the whole thing, seems to be quite sinple, in that the ex partner is willing to let my client have the child benefit, all seems quite amincable and common sense where the parents are concerned, but child benefit will not transfer the award. Knock on effect, Income Supoort will not make an award, as far as they are concerned without CB not lone parent, JSA will not award as not available for work, young children to look after. Not the first time I have had this problem with getting payments to lone fathers, the whole thing does not seem very joined up. Housing benefit did there usual thing of stopping payments because no linking benefit, forgetting cliams can be assessed purley on low income, no need for linking benefit, this much should be easily sorted, as they do this all the time, so I am quite used to challenging this. Anyway, have sent client to see his MP, who has just sorted out my last lone father with a similar porblem, so hopefully all will be resolved soon. Makes you wonder though, doesn't it.

There is a legal lag in claiming child benefit where someone else is already getting it, even if no dispute arises - you can find it in schedule 10 of the Contributions and Benefits Act. Essentially where a claim is made by B (with whom the child is now living) when benefit is already being paid to A, A's claim takes priority: but only for 3 weeks from the next benefit payday following B's claim.

Fri 30-Oct-09 07:44 PM by rwilkinson

Yeah the lag is unexplainable and bizarre. I cant grasp why this is a problem. Has the current CB claimant written to CB saying they wish to terminate their claim? Has you client put a claim in and been refused? Has your client got sufficient parenting time to meet the 'responsibility for a child' test? 104 nights per year rings a bell- but dont quote me on that

Rich