How does someone claim Child Benefit when they don't have the children?

[lovedlots]

My ExH partner claims Child Benefit for her DC'c althought they spend their main time with her ExH. She has them every other weekend just like my ExH does. What is the criteral for CB? My ExH has reduced his maintenance for his DC's as he now claims he looks after his new partners DC's too. The CSA accept this as they go on who receives the CB.

[Collaborate]

It's a matter for them to sort out between them. You don't get a say in it.

[WhingingNinja]

What has it got to do with you?

CB is paid to one of the childs parents. usually the one who has residency but that is a matter for them to discuss, not someone who has nothing to do with the matter.

If you are concerned about maintenance for your own children then you need to speak to your exh or go back to CSA. but his new partners finances are none of your business.

[lovedlots]

The reason it has got to do with me is because ExH has now reduced the amount he pays for his own children because he says he cares for her DC's, but her DC's don't live with them. The CSA use CB to determine if he can claim this.

[Snorbs]

The criteria for CB is one of:
a) by default the mother gets it unless
b) the parents come to an agreement or
c) if they can't agree then HMR&C will decide based on who has the children more often.

But it is up to the parents to decide.

[puzzlesum]

But it does seem odd that you can choose it arbitrarily but assumptions about residency can be made from it. Why should the OP's payments go down because of an arbitrary decision made by two other people who have nothing to do with her children? Admittedly this is a loophole that her Ex is exploiting dishonestly (in my view) but if CB can be paid to either parent irrespective of any residency consideration, how can it be used to determine whether the Ex really does have additional costs associated with children who are now living with him (only they aren't)?

[lovedlots]

Thank you puzzlesmum. I am not interested in ExH partners financial arrangements with her ExH. But as you state why does the CSA use CB to determine residency if CB does not require this to begin with.
I have a very clever ExH who knows how to work the system unfortunatly.

[Snorbs]

It's not just the CSA. Child Benefit is regarded as the "gateway benefit" from which all other child-related benefits and tax credits flow. If you want to claim Housing Benefit and want the council to take account of your children when calculating how many bedrooms you need, you need to be the person receiving CB for them.

CB does go on primary residency if the parents of the child cannot agree who should receive it. But if two separated parents wish to come to their own decisions over who should receive the CB then that really is up to them. For example, when I first split with my ex we were sharing care 50:50. We agreed that my ex should receive the CB. I really wouldn't have appreciated a tax inspector coming and camping out outside my home for months on end so they could count how many nights my children stayed here versus how many nights they didn't.

How would you want this kind of thing to be policed?