Child Benefit split ...

Top of the weekend to all !!!

Have a cl who has shared custody of two children.  They have just been awarded CB for one of them, CTC claim decision pending, but HB / CTB have refused to include the child in their applicable amount in the calculation for these benefits.  Got very detailed letter giving their reasons why they won’t include child in their calculation, ie : the other parent has a lot more parental involvement with the child but is there any way to get HB / CTB to include child in my cl applicable amount ?

Any thoughts etc ...

Hello Michyblue

As you probably know getting housing benefit to include a child depends on where they normally live.  Child benefit only comes into it where the child spends equal, or almost equal, time in different households.  It is a question of how much time the child spends in each household rather than other aspects of parental involvement.  It is a question of fact. 

The main case on this seems to be CFC 1537/1995 which is in the Family Credit section for caselaw here on Righsnet.  While it is a Family Credit case the wording of the relevant regulation was almost identical to the current Housing benefit Reg 20.

Tony

Thanks for that ...
And have a good weekend.