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?

Sorry see your oh is dad. Misunderstood that

There’s no special guardianship or foster care here - the child is living with his dad. Therefore social care won’t be supporting financially. It’s highly unlikely that they’d get involved in any legal proceedings either. However, if your DP was to bring a private case to court for a Child Arrangements Order, the court would be likely to want to hear from the social worker which would support your case.

Your DP simply needs to make a claim for child benefit, as his child is now living with him. The social worker won’t get involved with this.

MissingStreet - a dad can't be a foster carer or special guardian for his own child He's just a parent.

OP doesn't actually know what the SW has said about benefits anyway, and the SW doesn't necessarily have lots a knowledge about tax credits.

Oh, and I don’t believe for a minute that the social worker would have told the child’s mother that she was entitled to keep the money.

I am, sure only one person can claim. It may come down to who has been awarded custody etc. I imagine you must put pressure on social services to clarify how this should be sorted.

Make a claim yourself. Social services have no say over it.

There’s no special guardianship or foster care here - the child is living with his dad. Therefore social care won’t be supporting financially.

This will be true. It's the same when you adopt a child, social care are no longer involved in any way.

I would agree with PPs, though, that you'd OH should make a claim for CB himself. And you should also formally apply for residency through the courts.

This may not happen anymore but I used to work in children’s services (admin) and we would write to CB within six weeks of a child being taken into care / removed on legal order from parent/s to ensure CB ceased to be paid to said parent. This was so it could then be claimed by the carer/ other parent etc.

Hmm, is it the SS mother telling you this?

If it is then she is lying.

The person with whom the child resides is the one who is entitled to child benefit, therefore (in this case) their father. However, proving it is another matter.

If you have correspondence or court orders showing that the child is living with you until further notice, your husband can be awarded child benefit now. If not, he'll need to take steps to do things like make sure he is shown as next of kin with the school, GP etc and that they have your address on file as DSS's address.

When he claims, the DWP will write to the mother and ask her if DSS is still living with her. If she says he is, your DP will need to submit his evidence that DSS lives with you. It will also be helpful to have a copy of his birth certificate, if you haven't already got it.

Get child benefit in place first, then get DSS added to your tax credit claim.

If op and her partner are named in child residence order then op is conferred pr. It puts the bio mum very much on the back foot. But advice on her is not as good as qualified practising family law solicitors

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

More than 2 people can have PR and so can the NRP. Having a residence order doesn't take away his mother's PR, it adds your DH (and you if you are on the application - step parents can be)

Only if they are legal stepparents though ie married to the parent

Do you have evidence that your DSS is living with you? If you do, (this can be a letter from school to your address with child’s name on, doctor or hospital appt letter or anything that ties DSS to you and your address, then you can make a claim, if the issue is PR, than me your husband can claim it in his own right, if you have a residence order that you are named on, then you have been awarded PR and can claim CB yourself.

I imagine that ex is continuing to claim CB so that she doesn’t get moved from income support to UC and then has to find a job?

child benefit is nothing to do with children's social care (former social worker) your dh needs to make a claim through CB

Do you have “voluntary” care of DC atm, if so, you need legal advice ASAP, not sure if still the case however as SS is involved your dh should get legal aid.

I doubt the SW said any such thing. Children's Services are nothing to do with the Benefits system.
The person the child lives with is entitled to claim CB.

Pretty sure she is lying to her own ends here. Just claim it!!

Unfortunately you won’t get legal aid in private law proceedings, which is what this will be. However, you can represent yourself so no need for a solicitor, and as a social worker is involved this should provide the evidence you’ll need for a court order.

Yes we are married. When I say we I meant my husband to make a claim for him as he is his son and not mine.
Thank you for all the advice. I will tell DH to make a claim.

CAB - its not the first time I have heard something like this -sadly & it is illegal - especially as ss have taken the dsc away from mother & placed them with you

I am a bit confused by your post. SW have made sure the child is no longer with the mother. Now the child is living with his dad, and as long as any contact with the mother is only in a contact centre, then the SW really has no other responsibility. The SW has made sure the child is safe. From now on the child's dad needs to sort out any issues just as he would if SW had never been involved. It is not SS's responsibility to give benefit advice or advice about residency orders or any other legal matters. This is why the SW is hard to get hold of, as they no longer have any responsibility to advise the child's dad.

mums Why is it illegal? The child is with his dad. It is up to his dad to sort out any welfare benefits. Not SS.

A child residence order does not remove PR.

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

why do people sprout such nonsense? this is not even remotely correct and is complete BS!

You are aware a residency order and PR are in no way related to each other.

Take proper legal advice if you are concerned OP. But the benefit issue can be resolved just by contacting benefits and putting a claim in.