NRP claiming child benefit - is it legal?

[Underthefur]

My STBXH has submitted a claim to HMRC for child benefit.

Our DC live with me and there is no set contact pattern or regular overnights with their dad (his choice).

I don't receive Child benefit due to earning over the threshold but the existing "claim" is in my name, and all Dr, dentist, school etc correspondence is sent to my address.

Now I'm have received a letter from HMRC advising that STBXH has submitted a claim for the CB and asking if I want to surrender the benefit entitlement to him. (He did tell me he was doing this and claims that he will put the money into an account for the DC to be used for school trips etc). He earns around £45k per year so would qualify for CB.

My question is can he do this legally?? Morally it feels wrong to me. I have contacted HMRC who basically said it's up to me if I want to surrender my claim, nothing more. The letter states "we know the children live with you".

I also wouldn't be surprised if he then reduced his monthly maintenance payment by the CB amount, thus reducing the amount he is personally contributing.

Any advice please?

Does he contribute an amount to their care that is the same or more than the child benefit amount? If so he can legally claim it if you aren't

From .gov website:

You’ll usually be responsible for a child if you live with them or you’re paying at least the same amount as Child Benefit (or the equivalent in kind) towards looking after them.

Contributions can include:

money
clothes
birthday and Christmas presents
food
pocket money

I would not consent. Seems dodgy to me. You don't know what liability you might be opening yourself up to in the future and how this might affect any tax credit entitlements. I think the parents the children live with most should be the one to claim.

My experience is a little different as when DD was born, exP submitted the claim for CB in his name, into his bank account (and spent it too) He was financially controlling, as well as abusive, and when I finally separated from him it was a serious pain in the arse to get the CB claim transferred into my name. CB initially wouldn't speak to me on the phone as I wasn't the claimant and it took months to get it sorted. The only upshot of this was that I got it all backdated and he had to pay it all back!

So while you may earn over the threshold now, if there's even a slight chance your earnings will drop, I wouldn't consent.

Just say no ! If he claims child benefit surely your child tax credit will stop? X

I wouldn't. If he's claiming CB he can claim CMS from you too. With that alone I'd not be happy with the claim moving over when he isn't the resident parent.

Thank you all for your replies, you've more or less confirmed what I was thinking

@theatrenerd31 @Redannie118 - thank you, I had heard something about it potentially affecting CMS so will definitely avoid that!

That would be the icing on the cake, he leaves me and DC for OW, rarely has the DC then I end up paying him CM!!! No chance.

Say no! If he does this then you'll be liable for the child benefit income charge, as if you were claiming it yourself.

I looked into this a few months ago as my ex (NRP) wanted to claim and I earn over the threshold. I spoke to HMRC several times and got lots of different answers as some of the advisers were a bit clueless but there's guidance online somewhere which covers this.