UC Confusion

[UCconfusion1]

Jack and Jill split up approximately 7 years ago. They have a daughter.

Jack has his daughter approximately 50% of the time. He works part time and receives UC including the child element.

Jill has her the other 50% of the time. She works part time and receives UC including the child element. She also receives the child benefit.

Surely that's not right? I thought only the parent who receives the child benefit could claim the child element of UC?

I think only one household can claim the child element of UC too.

I'm pretty sure that's wrong, and possibly fraud? As far as I'm aware, the parent claiming the child benefit can claim the child related UC too.

Isn't it supposed to be the one in receipt of the Child Benifit?

Only one person can claim the child element. They will be found out sooner rather than later and then have to pay it back.

A child element will be included in a UC award where a claimant is responsible for a child or qualifying young person who normally lives with them. Where a child lives in 2 separate households, claimants will be expected to agree who has main responsibility and claim accordingly

I'm concerned about it being fraud. Jack has assured me that he's told UC he doesn't receive the child benefit, and UC didn't question it any further.

It is fraud for either Jack or Jill. There will be further checks on claims like this and evidence will need to be provided to determine who is the lead carer. He is better off letting UC know someone else is also claiming for the same child- otherwise the overpayment will rack up quickly.

He may have told them he didn't claim CB, but did he tell them someone else was also claiming the UC child element?

He's been claiming like this for several years. And is adamant that as UC said it was ok then he's no reason to inform them again.

@titchy that I don't know

Only one person can receive the CE. They will pick up on it sooner or later and one of you will have been overpaid.
Are the children registered at your address for GP, school, dentist etc? If so, and you get Child benefit you would be deemed main parent.

I'm not Jill (or Jack, for that matter!).

I believe daughter is registered with Jill for school, but possible Jack for GP and dentist.

If the child lives in two households you can decide who should claim for that child. If you cannot agree then a Universal Credit Decision Maker will decide based on evidence submitted regarding caring responsibility. A child can only be included on one Universal Credit claim. When an amount will usually be included.

As said many times only ONE person can claim. I think they should contact universal credit asap and tell them exactly what's happened.

@SparklesandRainbows I'm aware of this, the point of the thread was to check that what I thought was correct, and it is. I can't make them contact UC.

@UCconfusion1 you may not be able to force them to contact UC but I would talk to them about what you found out about it. Surely if they're your friends or family they will know you've got their best interest, especially if they can get into some serious trouble?
Otherwise, why would you make this thread?

You need to tell them that the father is also claiming. It does come under the fraud and error remit so being pro active and informing them of the discrepancy is the right thing to do.

I made the thread to confirm what I thought was correct, and it is correct. He shouldn't be claiming the child element. I wasn't 100% certain, and now I am.

I've had discussions with Jack, who seems adamant that he won't contact UC. I will be talking to him again now that I know for sure he shouldn't be claiming.

You may not and of course that's your decision but you can also report anonymously 🤷🏼‍♀️

www.gov.uk/report-benefit-fraud

Or just leave them to it. They have been given all the information. They'll probably get caught in the end anyway.

Thank you @SparklesandRainbows

I don't know what to do. I would feel very bad about reporting them, but also feel the sooner this is sorted out, the better.

They've been claiming like this for several years and I dread to think how much they'll owe.

Completely understandable I would find it a very tough situation to be in as well.
There would be an investigation and the truth is if they/him are found guilty they'll have to pay back the money, pay a fine and possibly go to prison.