Social services not allowing us to claim child benefit when they have given us full care of a child.

[seekerseeker]

My step son was handed over to us by social services 2 months ago because his mother has gone of the rails and was putting him in danger. He has been living with me and his dad a long with his half siblings since and sees his mum for 3 hours a week in a contact centre supervised. His mum is still receiving benefits for my step son (child tax credit and child benefit) we have asked her to pay this money to us on a weekly basis as we are the ones providing food clothing etc for her son but she has refused saying social worker has said she must keep the money. The social worker is "flakey" never can answer a phone call email or fully answer a question of I'm honest.
My point is surely we should be legally aloud to claim benefits for my partners son as he lives with us full time and won't be returning to his mother?

Just put in a claim. The DSS will hopefully investigate.

Oh...but does your partner now have full parental responsibility? It might have to be court ordered.

Contact Child Benefit and explain the citcumstances, you should be able to make a claim. www.gov.uk/government/organisations/hm-revenue-customs/contact/child-benefit

We have started the ball rolling regarding a court order. Was advised by social services to do this.

In my experience social worker won't know the answer to this.

You are very unlikely to get the child benefit.

"You are related to the child and therefore the mother, so you can ask her to hand it over. "

Actually what happened to me.

Was said by dept dealing with child benefit.

The social worker is "flakey" never can answer a phone call email or fully answer a question of I'm honest.

So they handed the child over to you both and now they're ignoring you?

That's dreadful. You need to report them.

As PP said, your partner can claim and HMRC/DWP will decide.

www.citizensadvice.org.uk/benefits/child-benefit/before-you-claim/check-if-you-can-get-child-benefit/#h-if-you-ve-separated-from-your-partner

Do you and your partner already get Child Tax Credits? If so you can update your claim to add him. If not you will need to claim Universal Credit instead.

Lastly is his mother paying child maintenance? She should be.

She is claiming fraudulently. Maybe gently point that out to her? And then put in your own claim.

This is not the responsibility of the social worker. Your partner needs to contact child benfit, advise of the circumstances and make a claim. Have you got a letter / any documents that the child lives with you?

Just put a claim in yourself, the DWP will realise someone is already claiming and send out a form for you to fill in about who does what, who pays for what, then the decide who can claim. That would be you. Her claim will stop and yours will start.

So nobody in SS has actually told you she should have the CB? Just her? She would say that wouldn't she! Claim and leave it to the authorities to decide.

I just want to point out that it is your partner who should claim child benefit for his son, and not you. Given that he's the one with parental responsibility (I assume you don't have it, although you could apply for it, but that's not necessarily straightforward).

Have you seen a solicitor? Has the child been formally removed and placed with you or is it all “voluntary” at the moment?

Go and see a family solicitor specialising in Care cases. If SS are involved your DH is entitled to free legal representation and advice regardless of income. If this is on a voluntary basis tell SS that you want it making a formal arrangement so that you get the financial and practical support you need.

Put the Claim in, let them investigate.

Are you actually the step-parent? If you're not married to the father, that could suggest why SS will not correspond with you.

Just put a competing claim in. The mum obviously said what she did to keep her money

Legally she is only entitled to eight weeks after he stopped living with her. I'd honestly say apply for a child residence order as then he's safe and all benefits to to you. Wish you all the best x

Until the child is actually legally with you (ie a special guardianship) shes not doing anything legally wrong,morally though shes disgraceful.
Also even under special guardianship she will still have PR just share it with you.

Agree with daisystew you need legal advice asap

If he's not living up with her after those eight weeks she is committing fraud

Applying for the child residence order gives you both parental responsibility and removes her pr. She'd become non resident parent.

Social services could be helping you as guardians/kinship carers, or even foster parents. What is the legal situation, what stops his mum just coming to get him?
You need to be involved in planning meetings. You are entitłed to child Ben and maybe other benefits if not getting help from ss. Try family rights group for advice. Good luck to you all

I thought that, even in cases such as the child receiving long term hospital care, CB stopped being paid after so many weeks, or am I confusing a different payment?

I don't think residence order takes her pr away, just gives it to you or your dh. Other parts of the order will cover contact and other matters. Where is the child's dad? This is complicated but will become clearer when you have an order.

Are you sure the SW actually said this or this is just her words?