Child benefit for a child in education in Ghana

Hello

We have a client, who supports her grandson (she has guardianship) but he is being educated in Ghana, comes back every school holiday, and Child Benefit paid to cl is sent there for him to live off. In Ghana he is considered to be an ‘overseas student’ as he usually lives in GB.

This has been going on since 2008.

CB contacted cl, to ask if would be continuing in education past 16th birthday, and she gave details = £20k overpayment of CB

Not sure that there is anything that can be done, although something in mind tells me that as still supports him and that his usual home is here in the UK that can be still paid CB or am I being too fanciful?

Any thoughts, points etc much appreciated

Thanks in advance.

Can’t see it, the child needs to be present in GB for mum to be entitled to CHB, with temporary absences of up to the first 8 weeks allowed (different for EEA nationals of course).

How does 10 years of Child Benefit (currently £1076.40 p/a for first child)  result in a £20k overpayment?

I think they’ll probably pass the responsibility test for entitlement (by virtue of contributing to the costs supporting the child) but it’s the presence test it all falls apart on I feel. CPAG (which is basically verbatim from the regulations) says that the child can be treated as present for the first 12 week of a temporary absence, any period they are abroad for treatment of an illness, any time in NI, any time they are in an EEA country getting full time education or anytime they are engaged on an educational exchange or visit made with written approval of the school they normally attend. (page 1609)

I’m guessing that it’s going to be a non-starter to suggest that they’re on an educational exchange!?

My only real suggestion, therefore, is to check very carefully the over-payment calculation as by my reckoning as long as you can evidence that the child lives in GB usually and is therefore only temporarily absent then they were entitled to CB for any period that the child is in GB and for the first twelve weeks after they leave so it might be possible to bring down the over-payment significantly via that method?

BC Welfare Rights - 25 October 2018 02:12 PM

How does 10 years of Child Benefit (currently £1076.40 p/a for first child)  result in a £20k overpayment?

I was wondering that as well.

Thanks for the replies

As for the £20k I have not seen the papers yet, my next appointment, so going on referral sheet.

Thanks all again

Just a quick update, it was £21k as for two children - also the children have never lived in the UK so looks like a total can of worms

But thanks for all the information, helpful as always.

roecab - 30 October 2018 03:14 PM

Just a quick update, it was £21k as for two children - also the children have never lived in the UK so looks like a total can of worms

But thanks for all the information, helpful as always.

expensive..  do they not tell claimants of the presence condition when claiming CB?

ClairemHodgson - 30 October 2018 03:54 PM

roecab - 30 October 2018 03:14 PM

Just a quick update, it was £21k as for two children - also the children have never lived in the UK so looks like a total can of worms

But thanks for all the information, helpful as always.

expensive..  do they not tell claimants of the presence condition when claiming CB?

They certainly ask whether the child lives with you in the UK on current online CHB claim form, see q.47 on page 5. Creeks and paddles spring to mind in this one…...

Paul_Treloar_AgeUK - 30 October 2018 04:20 PM

Creeks and paddles spring to mind in this one…...

defo

but if the client did a paper claim and wasn’t asked/told it might be a different story?

of course if she was asked and didn’t tell the truth…..

She didn’t seem to have an answer that question…on pushing a little further, apart from holidays to the Uk the children have never lived here….also established that the home in Ghana, where the children stay, is owned by client. Noted that counts as capital, not declared…as someone said paddle, creek etc She has decided not to go ahead and appeal.

roecab - 31 October 2018 10:11 AM

.as someone said paddle, creek etc She has decided not to go ahead and appeal.

crikey

and i expect you’ve advised her she can expect to hear from the prosecuting authorities as well