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Legal, pensions and money

Family Allowance

(9 Posts)
strep98 Tue 20-Nov-18 00:01:18

My son and his three young children live with me. His wife left 18 months ago to live with someone else and has had one baby with number two on the way. She has them 3 nights a week and pockets all the family allowance. This weekend she was told she could not see the children as her baby was taken into hospital under suspicious circumstances and she may not see them unless she is supervised. How do we go about getting this money transfered to my son, who works, and get family tax credits, whilst she stays at home and has children!

Tartlet Tue 20-Nov-18 00:50:55

Strep98, are you referring to child benefit or to child tax credits? Or both?

In my experience (although that’s not very up to date) it’s the parent with custody and prime responsibility for the children who should receive the money unless an agreement has been reached to the contrary. Might it just be a case of the payments still being made to the mother because your son hasn’t put in a claim for them?

kathsue Tue 20-Nov-18 01:33:32

Your son should get the child benefit for the three children living with him but he has to apply for it. The same with child tax credits but they depend on his income.
He can apply online or maybe just ring the relevant offices to get advice.
It might be advisable to get legal advice regarding the "supervised visits" and "suspicious circumstances".

M0nica Tue 20-Nov-18 09:08:55

Citizen's Advice should be able to help you. Get your DS to make an appointment to see them.

kittylester Tue 20-Nov-18 09:19:21

What MOnica said! Or talk to the relevant department - they are not the enemy. Child benefit is not straight forward nowadays.

kittylester Tue 20-Nov-18 09:22:49

Sorry kathsue, missed your post!

What Kathsue said too.

ninathenana Tue 20-Nov-18 09:28:53

And maintenance is even more of a minefield.
DD had to pay it to DGC father as they were living with him, even though she was out of work at the time and his wage meant he didn't need the small amount they said she had to pay.
I don't know how your son would feel about this but just a heads up.

Nonnie Tue 20-Nov-18 10:18:42

Child maintenance is not just about who needs the money, I think it has something to do with supporting one's children as a matter of principle.

I am pretty sure that those who say child benefit goes to the main carer are correct. He needs professional advice either from the departments concerned or from the CAB. It makes no difference whether it is the mother or the father claiming it is all about the children and who cares for them.

CassieJ Tue 20-Nov-18 10:19:44

Family allowance hasn't existed for a long time. It is now called child benefit. The person the children live with the most are the ones who can claim the child benefit. By doing this it allows them to claim other benefits like child tax credits and housing benefit if required.
Your son needs to apply to child benefit to get it transferred into his name. Two parents cannot both claim the benefit.