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PR for ex step child help

(10 Posts)
helpwithPR Fri 15-Jul-16 12:50:30

I am asking this for a friend....

Andy and Bella started a relationship when Zach was 1 year old. Zach is now 10.

The relationship broke down 5 years ago but Andy continued to see Zach every weekend, friday to sunday or monday and occasional week days. Bella was very happy with this set up as she could work and have a social life and as A isn't the biological father, she didn't want any child support but him having Z reduced her bills. A and B are still on very good terms.

Andy is now in another relationship and has a biological child. Andy also had a serious, life changing illness which means he can't work full time.

Bella has suggested that Andy could claim for tax credits as she and her partner can't claim as they are above the threshold.

Zach now knows Andy isn't his biological father but he will always be his daddy. Biological father has never had anything to do with Zach but is aware of his existence. He has never seen him, nor paid for him. Bella is getting married soon and has said Zach can change his surname to Andy's if he would like to, so he has a connection to one of his parents (currently has mum's maiden name)

So to the questions!
Can Andy claim tax credits for Zach without being his biological dad?
Can Andy get PR for Zach even though they were never married and are not together?

Andy's new partner is very happy with the set up and would like things arranged that means Andy can make emergency decisions if Bella is on holiday for example and so their child will have the same surname as Zach

Sorry, I know it is quite confusing, I hope it's understandable

cannotlogin Fri 15-Jul-16 13:19:43

you can't claim tax credits for a child that is not resident with you.

PR - usually, the father would have to give permission or a court would have to order it. It is unusual - might be worth consulting a local family solicitor as to what local judges might think/do.

helpwithPR Fri 15-Jul-16 13:27:10

Thank you for replying

Zach spends a minimum of 3 nights a week with Andy and his partner, usually at least one more. I would imagine over the year, he has him over 50% of the time. Bella is happy for residency to be listed at Andy's

Andy has little money due to his illness and being unable to work, so we thought we would ask around to see if there was any precidence of similar situations

WeAreEternal Fri 15-Jul-16 13:30:05

Is the bio father on the birth certificate?

tralaaa Sat 16-Jul-16 07:12:04

I can't advise but would like to say Bella and Andy sound lovely and I wish them all the best

WibblyWobblyJellyHead Sat 16-Jul-16 07:35:10

Step parent pr is quite easy to get although I don't know it would work if they have split up.

He would need to claim the child benefit I think in order to claim tax credits.

Mycatsabastard Sat 16-Jul-16 07:39:04

If Bella is claiming tax credits for Zach then no, Andy can't claim unless she gives up her claim.

Andy would need to claim child benefit to get the tax credits. It can be done but it would be easier if Bella gives Andy PR for Zach to enable him to take him to Doctors etc.

SharonfromEON Sat 16-Jul-16 08:19:19

it sounds like they are trying to play the system.... IF he has the child more than 50%maybe she should pay him maintenance..Give him PR child benefit he is completely entitled to it all.

Cosmo111 Sat 16-Jul-16 15:19:35

He wouldn't be entitled to tax credits as he doesn't live with the child in question. It would be considered fraud if he would pretend that the child lived with him when he does not. Lovely how they kept a loving relationship going though.

swingofthings Sat 16-Jul-16 20:16:46

Your initial post would indicate that he isn't spending the 50%of his time with A. Mum agreeing to this would mean giving up child benefit, and then risking A going after her for maintenance which she might be reassured now wouldn't happen but sometimes it doesn't take much for things to go sour. The fact that he is struggling because he can't work full time is not an appropriate reason to try to manipulate the system.

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