inputting deps on a claim where there is joint custody

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  • #31929
    Anonymous
    Guest

    Hiya

    I was wondering if anyone knows whether we can include children on a claim in the following scenario.

    Mum and dad share Joint custody of 2xdependants. Mum receives Child Benefit and Child Tax Credit for the deps, but dad has them 3/4 nights and days per week. A majority of the time, dad has them 4 nights per week. Dad pays mum maintenance for the children, but there are no court cases etc. which have determined which home is the normal home.

    Dad is struggling financially as he receives no money for the children, and would qualify for HB with the children on the claim, but should they be included in the household for HB purposes?

    Thanks
    Helen

    #89315
    craigworc
    Participant

    In cases like this, we have always gone along the lines of whoever gets the child benefit gets the children on the claim.

    Unfortunately this means that, quite often, the Dad loses out.

    #89316
    Anonymous
    Guest

    [quote:44cddaf7ec]dad has them 3/4 nights and days per week. [b:44cddaf7ec]A majority of the time, dad has them 4 nights per week.[/b:44cddaf7ec] [/quote:44cddaf7ec]
    I think you might have answered your own question there. If the children spend a majority of their time in the custody of one of their parents, that is where they belong for HB assessment purposes. If it is a tie you use the Child Benefit test.

    It might be helpful to find out exactly what the custody arrangements have been for the last two weeks or so. You need to take a fairly specific view – not just the number of nights. Who has custody for the children while they are at school?

    See this previous thread for more views:
    http://hbinfo.org/forum/viewtopic.php?t=20390

    #89317
    keithh
    Participant

    I would go along with Michael here. I took a case to FtT and the judge questioned along the line of hours spent with each parent including school and school holiday times.

    Cheers, KEith

    #89318
    Anonymous
    Guest

    thanks for all your replies – I think i will have a look at the total hours each parent has responsibility – Think its unfortunate as dad seems extremely disadvantaged by the system!

    Thanks
    Helen

    #89319
    Kevin D
    Participant

    Taking any single factor into account in isolation is overly simplistic. The number of hours on its own doesn’t necessarily decide the matter. Take a look at the UTD cited by Stainsby in the earlier thread – [b:01522aa4e7]CSTC/0475/2008[/b:01522aa4e7]. There are other authorities that may also assist in the thought process in varying contexts and degrees of relevance:

    [b:01522aa4e7]CH/3831/2007
    CH/0173/2008
    CFC/1537/1995[/b:01522aa4e7]

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