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Rival CHB/CTC Claim

kane
forum member

Cambuslang & Rutherglen CAB

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Total Posts: 2

Joined: 12 February 2013

Hi

Previously married client with one child and in receipt of CHB as a couple. No CTC claimed. Couple separate and Mother flees the home due to domestic violence leaving the child with the father. This situation remained for a period of approx 18 months while the Mother obtained suitable housing.
Father submitted rival CHB claim Sept 2011 - granted.
Court order Sept 2012 grants 50/50 shared care with neither parent liable for maintenance which has remained in place to date.
Father remarries and has joint income in excess of £40,000 per year.
Mother remains single.
CTC claim submitted and awarded to Mother from Sep 2012 - Dec 2012 when rival CTC claim submitted by Father and remains to date entitled to both CHB and CTC. Father’s address is main address for School, GP etc. Therefore I can see reasoning behind HMRC’s decision.

Mother appealed the decision which was struck out by HMCTS Aug 2013 as outwith tribunal jurisdiction.

Wondering people’s thoughts on Judical Review re financial implications for Mother who although has shared care is not managing financially with costs of bringing up her child versus Father with 2 household incomes?

Any thoughts or advisers with similar issue previously?

Thanks

DK