child maintenance

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  • #20113
    Anonymous
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    Can I just clarify that I have understood correctly that child maintenance is totally disregarded in the calculation of HB/CTB, but maintenance paid in respect of a former partner attracts a £15.00 disregard where the applicable amount includes a family premium.
    The HB/CTB PC reg states in the meaning of income:
    (m) payments made towards the maintenance of the claimant by his spouse or former spouse or towards the maintenance of the claimant’s partner by his spouse or former spouse, including payments made –
    (i) under a court order;
    (ii) under an agreement for maintenance; or
    (iii) voluntarily;
    The handbook states:
    395 A £15 disregard applies to spousal maintenance received in any case when the applicable amount includes an amount in respect of the family premium and the maintenance payment is made or is due to be made by the
    • claimant’s spouse
    • the claimant’s former spouse
    • the claimant’s partner’s spouse
    • claimant’s partner’s former partner or
    • parent of a child or young person provided that the child or young person is a member of the claimant’s family. But this provision will not apply if the person paying the maintenance is the claimant or the claimant’s partner. This is to guard against the situation where, for example, a parent who has a court order to pay maintenance
    returns home, and that order is still in existence
    396 Only one £15 disregard can apply in any benefit week, irrespective of the number or make-up of the maintenance payments, and whether these are made under a court order or otherwise.
    397 The disregard will also apply to any payments made or due to be made by a person direct to a third party, where these fall to be treated as the income of the claimant. An example would be a regular quarterly payment of £160 made by a former partner to the electricity board on the claimant’s behalf. This should be aggregated with any other
    payments of maintenance before the £15 disregard is applied.

    The answer to Q62 confirms that child maintenance is disregarded.
    Is this correct ❓
    If this is the case, how do you identify the split ❓
    If its paid by a court order I assume it will be stated if its paid for the children and not the former partner, but what about the other agreements ❓
    Thankyou

    #2073
    Anonymous
    Guest

    That’s just as I see it.

    If the maintenance is subject to a court order, I would envisage that the order would be “itemised” so that we can identify who gets what. If it is voluntary, the standard of evidence would not be as good and if it is along the lines of “I pay Mrs X £50 maintenance” do we need to go back to ask for a split.

    If I were a claimant, I know what I’d say when asked.

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