Am I not entitled to free hours? Very worried

[Brbsuddbo]

I live with dd full time. Her dad visits regularly and stays over. We are not in a relationship. He is on the birth certificate. He pays a lot of maintenance as he earns over 100k.

I am now worried about having claimed free hours as my friend has said if he’s earning over 100k and also pays maintenance and is staying in my house then basically that means income wise I shouldn’t have the hours? I am not panicking as I have been claiming the hours for almost a year. I am scared to call up and explain but obviously will do if it is wrong, does anyone know? Or know where to look online as I have tried googling and can’t see a clear answer. My income is less than 100k but with maintenance it makes it around 100k. I’m so worried I will be in trouble

I am 99% certain it is based on taxable income. Maintenance payments is not a taxable income so this won't be counted as part of your 100k. Father's income also shouldn't be considered since he is not your partner and it really shouldn't matter if he occasionally stays over as, I assume, he lives elsewhere. It's a bit like if my mum/friend comes and stays with me for two weeks, her salary is not going to affect my entitlement.
I'd probably just carry on as you are and not make a fuss over it.

@Catza ok, thank you. I’ve been so worried and keep googling but can’t see anything online about this situation!

Have you been re-confirming your eligibility when required and answering the questions accurately? If you weren’t eligible, I think it would have booted you off awhile back.

@Brbsuddbo eligibility

If you are separated/divorced from your child’s parent, the eligibility rules will only apply to the parent that the child normally lives with

How often does he stay over?

@beetr00 thank you

@StormingNorman it varies. If he has annual leave it can be over a week sometimes

If he stays with you for more than 3 nights a week on a weekly basis, he may be deemed to live with you. You need to find out what their definition is.

I think that’s definition for council tax and benefits so it may apply to childcare.

@StormingNorman this happens once or twice a year so not regularly

No need to even mention it then. Just like you wouldn’t mention any other houseguest’s income.

The free hours apply where parents each earn less than £100k. If your income is high then clearly you're not actually in need of the free hours, are you?

@beetr00 is right about eligibility. It's not about each parent, it's about the parent the child lives with.

Friend sounds a bit annoying. She’s wrong. Maintenance has nothing to do with the free hours and it isn’t part of your wages. It’s for your child. Him staying over a couple of times a year is not him living with you.

@Biffbaff i don’t earn over 100k but with the maintenance my take home is similar if not above that but I don’t know if that applies which is why I am worried

@Pyjamatimenow thank you

It's based on household income. So if you earn less than £100,000 and don't live with him you are fine.

No, you're fine OP. Your friend is wrong.

As pp said, it's the household income of the resident parent. Also only applies to taxable income, not CM