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Claiming UC while estranged parent claims Child Benefit (CHB) for you
I’m advising a 19 year old who is about to start FT non-advanced education, and I initially advised that she is eligible to claim UC as she is under 21 and without parental support (subject to the usual rules)
It now transpires that her estranged parent still claims CHB for her (which is paid into my client’s bank account).
Will this prevent her from claiming UC? I can’t find anything to say it’s not possible, but I have a feeling at the back of my mind that I may be missing something!
Thanks!
The DWP will argue that she is not estranged as she is receiving support from her parent. They will ask several questions to gather information regarding the estrangement and this will go to the DM. So this route to UC appears to be on shaky ground. Hope this helps…...
The parameters for ‘estrangement’ are below in E1037
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/907997/adme1.pdf
Thanks very much for your response - yes, it will certainly put the estrangement into question.
Everything else aside, what I’m unsure about if is there is a specific rule which prevents a person from claiming UC while someone else claims CHB for them.
I’ve had a good look and I don’t think that there is…. But, yes a claim on this basis would be on very shaky ground.
There is such a rule, unfortunately:
Thanks, Charles
So this means that her parent is prevented from claiming CHB for her once she claims UC
Does this prevent her from claiming UC while her parent claims CHB?
Thanks!
She can claim UC, but her parent would have to then inform CHB that she is no longer a ‘qualifying young person’.
Thank you, Charles
I think that I’m clear now.
It’s tricky because there is estrangement so she can’t really control whether or not her parent continues to claim CHB, but I’m confident that her parent claiming CHB doesn’t, in itself, prevent her from claiming UC.
I’ll advise accordingly
Thanks for your help!