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?

I am assuming not temporary foster care but nothing suprises me anynore. OP, tbh if it avoids issuing proceedings my LA would have the check book open.

Would a temporary fostering payment actually be made to a PARENT?

Certainly not.

These are facts - now that the social worker has supported the father to take on care of his own child their responsibility will end very soon if it hadn't already.

The social worker has nothing to do with which parent claims child benefit. These days we don't notify benefits agencies when children move due to the immensely complex benefits system and the real risk of tipping people into destitution if we make a mistake. Plus it's their responsibility.

The father can not be a foster carer or receive any money from social services other than discretionary emergency food payments in certain circumstances.

Residence orders no longer exist. It would be a child arrangements order.

PR is never removed from a mother unless the child is adopted.

Yes I agree, stupid comment about parent getting fostering payment. Did not read thread properly. However if it is in the best interests of the child and avoids LA issuing, in my experience we would agree to fund legal costs for interim CAO and then private law and also meet expenses in the interim. So benefits short fall , extra costs for beds, clothes, childcare etc. Pretty standard in my LA to place with family and meet costs.

Why do people keep referring to temporary fostering, and payments from social care? The child is living with their father. Social care will have nothing to do with this. It’s down to the father to make a claim.

Willstart, Are you sure? If extended family yes, but this is dad who prob has pr. I don't know why I made the same mistake upthread. There could be one off payments
There may be interim care order if child protection issues I suppose.

Expect op has gone to bed with headache, bottom line is her husband should have or get pr, she can be joined to case and also get pr if desirable, they can claim cb and should get legal advice

What's the story is a bit harsh. Mum may be ill and not coping well, she should hand over benefit but perhaps she hopes (maybe unrealistically) to have child back. Best for op or her husband to make a claim as dc is living with them.

Not sure why pp is referring to the child going to his dad as an alternative to issuing care proceedings. If the dad is safe and willing then care proceedings are not likely anyway.

I hope this thread isn’t too confusing for you.
What I suggest is you claim child benefit immediately, if you already haven’t, can do it online and it will be backdated to the date you claim.
You could phone and speak to them if you feel there may be problems establishing the child is living with you now and if there are they will tell you what to do,
Once you receive it you can claim other benefits.
SS will not give any fostering, or any other, allowance to the parent of a child.
I wouldn’t worry about CAO at this stage. It is unlikely to be awarded until the situation has settled down and it is more clear where the child is to live permanently.
ASAP speak to Family Rights Group as they are the experts and can answer all your questions. They will advise you if there are any other steps you need to take but I really don’t think there are at this stage.
They will probably be quite busy after Christmas so I wouldn’t put off applying for CB until you have spoken to them as your DH is most definitely entitled to it.
It really isn’t as complicated as it may seem.