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Can DLA Payment be split between 2 parents?

(11 Posts)
lovebeyondwords Wed 08-Nov-17 13:40:10

My child receives higher rate DLA, it is confirmed for the next 3 years at least.

My ex husband looks after our child 2 nights per week. He has now decided that he wants to claim a percentage of the DLA payment for the days he takes him.

(Basically he has spat his dummy since I contacted the csa after years of underpayment, and they have hammered him for increased child maintenance. So now he’s decided to claim a portion of my child’s DLA as he’s skint. A new all time low for him sad.)

So my question is:
I receive the child benefit, hence DLA is paid to me. Can he claim a portion of it?
I’m pretty sure the answer is no, but just want to make Sure.

Thank you

Ellie56 Tue 21-Nov-17 15:09:00

hmm I've never heard of this happening. You are presumably the appointee so they pay it to you for DC.
Is he wanting a portion of the child benefit too?

What a low life he is - using his disabled child to get at you.

Ellie56 Tue 21-Nov-17 15:09:49

I would ring up the DLA office and check.

lovebeyondwords Tue 21-Nov-17 15:47:05

Thanks Ellie, I emailed the office and they indicated as the child benefit is paid to me he can’t claim it.
Currently waiting with baited breath for a solicitor’s letter but he can try. He’s not getting a cent of the money I’m saving for my child to use when he gets older and I can no longer support him.
Total idiot.
Thanks for ur reply smile

Ellie56 Tue 21-Nov-17 16:20:15

Just passing on some advice I was given.

I would be careful about saving the money. If he's got savings over a certain amount this could impact on the level of benefits he will qualify for when he is older, and he could end up being worse off financially as a result. Use the money now to make life easier for you and him.

shonnie Fri 03-Aug-18 09:17:49

just wanted some advice. I have been separated from my ex of five years now .and I am on benefits and get dla but awaiting the change to pip.(if I get it)I have no maintenance as he says he cannot afford to pay it. I can deal wth that fair enough ish,He asked if he could have more or less half of my child¬s money dla cb and carers, as he has him so many days a week and was told he can as he has him stay with him but cannot remember who told me.Now I`m wondering if I have done the right thing but my head was all over the place at the time. been to cab when we split over five years ago and they said no. been paying him half over five years and I`m in two minds now what to do.vry frustrated and don`t want to go down the court route really.He remarried three years ago and is working but not sure he has updated his details. thanks

backinthatdress Fri 03-Aug-18 11:49:14

@shonnie

He 100% should not be getting any of your carers allowance at all! You get that as you work less than the £120 limit a week, yet he has a job so get is getting his wage and then half of your carers allowance!! Stop giving it to him.

He’s not even paying you any child maintenance unless you have a 50/50 arrangement yet he’s taking half of everything from you while working? I would not be giving him any of the child benefit and none of your carers allowance. All I would be giving him is some (not half) of the dla so if you got HRC for your child and he has him 2 nights out of 7 then I would divide the 85 by 7 = £12.14 a day and I would times that by 2 for the 2 days he has him and give him £24 BUT only if hes paying you some child maintenance!! If he’s not paying you anything and you have the child more then I wouldn’t be giving him a penny.

He cant just say he cannot afford to pay for his child, stop giving him the carers allowance and the cb and stop giving him the dla if he’s not paying towards his child!! Dla cannot officially be split and if he’s got the money to take you to court then he has the money to give you for raising your child. Really sorry but hes playing you taking hald of everything and not giving you anything!

Also child maintenance goes on the amount of overnights he has him, not just day time hours.

shonnie Fri 03-Aug-18 15:39:55

thank you. i worked it out over the months , he has him every other weekend and one day in the week and sometimes twice a week but he pleads poverty too.which pees me off .I Had a run in with him too. he works but ive had to give up my job as my ten doesnt sleep till morning hours and has s needs. thank you. Im gong to go to cab again too.

backinthatdress Fri 03-Aug-18 16:02:08

He’s taking you for a ride (and I mean that in the nicest way possible!), every other weekend with the odd day thrown in on a week, not paying anything towards his child and getting half of your benefits!! Hes been laughing. You do not have to split anything. I would honestly cancel everything you send him right now and apply to cms for some maintenance towards your sons upkeep!
Let him rant and rave and plead poverty but you should put your foot down. Once he’s paying towards your child then I would think about splitting his dla done on the number of days he has him but not in half! When he doesn’t have him half the time I wouldn’t split the carers as your only entitled to that as you don’t work! And he has a job! And I wouldn’t be splitting the CB either with the amount he has him!
I thought you has more of a 50/50 arrangement but it’s no were near that so why should he get half of everything.

MumUnderTheMoon Tue 28-Aug-18 10:45:48

Dla isn't meant to be saved. It supposed to pay for daily living expenses caused because you child has extra financial needs as a result of disability. If you don't need to spend it then Dla can claim you don't need it and it could be cancelled.

Howdoyoudoit31 Sat 06-Oct-18 06:46:58

There’s is no rule to say you can’t save any of your DLA!

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