(pfa and) child benefit requirement for child premiums??

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  • #35159
    pbirks
    Participant

    Hi,
    We are having a bit a difference of opinion within our teams.
    Regarding (primarily PFA’s &) receipt of child benefit.
    2 schools of thought:

    1) if a customer does not receive child benefit for a dependant child then that child cannot be included as a dependant child in the claim. 👿

    2a) That child benefit is an acid test – if 2 separate clmts want to claim for the kid we cant include on both claims -and will opt for the clmt who receives child benefit 😀 BUT
    2b) if no one is in receipt of child benefit (because their home office status has only just been sorted out for example) or they were unaware they could claim there is nothing to stop us including the child in the claim and awatding the relevant premiums.

    I opting for the 2b school of thought – but apparently im a soft touch and just want to give away money??!!!!

    Any /all replies/giudance/reg numbers/commissioners decisions etc greatly appreciated – cheers

    #98695
    Anonymous
    Guest

    Well, 1) I have never come accross before and is, in my humble opinion, a load of old cobblers.
    2a) is quite correct, and I think has been a longstanding principle – it is the tiebreaker in the event of, when you look at all other evidence, a draw.
    2b) – hmmm. There is nothing to stop you including the child, but what about the potential source of income. You may want to consider whether this is income that could be applied for, advise your HB claimant of such, and if you believe this situation applies here, you may wish to include potential CB in your assessment from a future date if it is not applied for. 8)

    #52998
    pbirks
    Participant

    glad to see Im not the only softie who gives away money…. any reg numbers/etc to back up my generousity and make it legal and above board would be fabulous!!! 😀 😀 😀 😀

    #98696
    Andy Shanks
    Participant

    I think that if 2 people are claiming for the same children then most LA’s tend to use the CHB award as the deciding factor.

    If there is no CHB in payment [for whatever reason] then a LA would have to make a decision on where the main residence is for any children that the claimant wants to be included in there household. The degree of proofs required would I presume be up to the officer making the decision.

    This was how it used to be done within the DWP in the ‘old’ days when children made a difference in an income support award.

    #98697
    Anonymous
    Guest

    Give away money – no, just try my best to apply the Regs correctly as they are written (when I can understand them)…..not as some people think they ought to be written! 😉 When I am an MP then I will have a forum to be able to change the regs to what I think they should be, and be able to do something about it. 😀

    Try the Contributions and Benefits Acts 137 (1) – this says to me that if a child is the responsibility of the claimant, and is treated as a member of the household, then they are in the claimants family for benefit purposes.
    Oh, and no mention of CB whatever! 8)

    #98698
    Andy Shanks
    Participant

    This is a problem when it comes to joint custody cases as both parents have a responsibility for the child and the child may be living at different addresses.
    I know that I for one have used CB as a decider, based on the theory that CB centre will have looked at who has ‘most’ resposibility and also that it is really easy to expalin to the claimant.

    “the children are one your claim because you get the CB for them”

    But you are right it is all down to where the child is and who is looking after them.

    #98699
    Anonymous
    Guest

    HBR 20 is the reg about who has responsibility for a child.

    HTH
    Henrik

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