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Original poster

UC and maintenance

42 replies

OneForTheRoadThen · 15/02/2023 09:19

I claim Child benefit as I have my children 60% of the time. My ex partner has just added them to his UC claim (I'm not eligible for UC).

He hasn't paid maintenance for 2 years and I'm about to start a CMS claim.

My concern is - does his adding them to his UC claim suggest they reside primarily with him and therefore I'm not eligible for maintenance?

If so would this make me liable for maintenance?

Will him adding them to his claim mean his address is used for school catchment areas etc.

TIA

OP posts:
Collaborate · 15/02/2023 10:04

I wouldn't have thought he could get away with that unless he has CB, but assuming you've not heard from the CB people then it's not going to affect you.

Is there a shared "lives with" order by any chance?

Original poster
OneForTheRoadThen · 15/02/2023 10:05

Thanks for your reply @Collaborate no there's no court order, everything concerning the children has been done unofficially between ourselves.

OP posts:
Eastereggsboxedupready · 15/02/2023 10:07

Report him for benefit fraud obviously.. If the dc live with you then only you can claim.

ArcticSkewer · 15/02/2023 10:09

There's no reason for you to know he claims UC for them so act as if you don't know and put a claim in ... take it from there ...

Unless you want to use it as a bargaining chip with him to actually get child maintenance out of him without going through official channels?

MissMaple82 · 15/02/2023 10:10

He can't claim them on uc unless they resume with him and he's in receipt of CB. From my recollection he will have to evidence CB

MissMaple82 · 15/02/2023 10:11

Reside**

Original poster
OneForTheRoadThen · 15/02/2023 10:19

Thanks all. He has a meeting to approve his claim tomorrow so I guess I'll know for sure then.

Does anyone know the answer to my question about maintenance? Thank you

OP posts:
Original poster
OneForTheRoadThen · 15/02/2023 10:26

MissMaple82 · 15/02/2023 10:10

He can't claim them on uc unless they resume with him and he's in receipt of CB. From my recollection he will have to evidence CB

I'm not sure if that's still the case. I can't find any official info on it though.

OP posts:
Collaborate · 15/02/2023 12:25

OneForTheRoadThen · 15/02/2023 10:19

Thanks all. He has a meeting to approve his claim tomorrow so I guess I'll know for sure then.

Does anyone know the answer to my question about maintenance? Thank you

You are the parent with care as the child(ren) lives more with you than him. You receive the child benefit.

I assume you haven't submitted your cliam yet but it will be accepted and will go through. If he's on the UC equivalent of JSA you will get a flat rate of £7 a week until he comes off that benefit when he gets in to work.

taxpayer1 · 15/02/2023 12:28

This is benefit fraud. He should not be claiming for children that are not living with him. If you agreed, you are part of the fraud.

Original poster
OneForTheRoadThen · 15/02/2023 13:30

Thanks @Collaborate . He works full time but gets a UC top up so according to the maintenance calculator it should be about £250 a month

OP posts:
vivainsomnia · 15/02/2023 15:12

You can officially claim TC without CB but it is likely to raise questions. It is however not impossible.

The question is whether he agrees that he only has them 40% or would he argue it is 50%? If so, what evidence is there to one or the other?

Original poster
OneForTheRoadThen · 15/02/2023 15:42

vivainsomnia · 15/02/2023 15:12

You can officially claim TC without CB but it is likely to raise questions. It is however not impossible.

The question is whether he agrees that he only has them 40% or would he argue it is 50%? If so, what evidence is there to one or the other?

Thanks. I have a colour-coded custody schedule for the last 2 years that he created and emailed to me that shows the split. I'm also down as the primary parent at school so hopefully this should be enough.

OP posts:
Daddywaddy · 15/02/2023 17:09

So this guy doesn’t earn very much he has the kids only 10% less and you want to claim £250.00 a month off him in a cost of living crisis.

Can’t you reach a more reasonable amount yourselves?

Original poster
OneForTheRoadThen · 15/02/2023 17:18

Ah another bitter comment from @Daddywaddy about the poor men who shouldn't have the pay the maintenance they're legally required too.

And actually he earns £12k more than me, in the mid £30k region so he's perfectly able to pay, he chooses not too for the past 2 years.

OP posts:
thedogsmababy · 15/02/2023 17:23

Daddywaddy · 15/02/2023 17:09

So this guy doesn’t earn very much he has the kids only 10% less and you want to claim £250.00 a month off him in a cost of living crisis.

Can’t you reach a more reasonable amount yourselves?

The rules are the rules though @Daddywaddy

The op should act strictly by the book.

jitteryquick · 15/02/2023 17:32

Daddywaddy · 15/02/2023 17:09

So this guy doesn’t earn very much he has the kids only 10% less and you want to claim £250.00 a month off him in a cost of living crisis.

Can’t you reach a more reasonable amount yourselves?

Your maths aren't very good. She had them 20% more than him.

Daddywaddy · 16/02/2023 08:10

This reply has been withdrawn

This message has been withdrawn at the poster's request

Original poster
OneForTheRoadThen · 16/02/2023 09:40

Ffs @Daddywaddy I said in my OP he hasn't paid anything for 2 years. Do you really think this has occurred without discussions and empty promises? He's shown absolutely no willing even the slightest amount.

He gets UC on top of his wage which isn't calculated in maintenance contributions.

He's paid nothing towards childcare since he left and I have had to reduce my hours to provide after school childcare to our children even on his contact days so he continues to work full time uninterrupted.

I pay for all activities, uniform and school trips.

Your obvious bitterness is misplaced. Do you really have nothing better to do than pop up on all maintenance threads with your misguided narrative?

OP posts:
Collaborate · 16/02/2023 10:13

OneForTheRoadThen · 16/02/2023 09:40

Ffs @Daddywaddy I said in my OP he hasn't paid anything for 2 years. Do you really think this has occurred without discussions and empty promises? He's shown absolutely no willing even the slightest amount.

He gets UC on top of his wage which isn't calculated in maintenance contributions.

He's paid nothing towards childcare since he left and I have had to reduce my hours to provide after school childcare to our children even on his contact days so he continues to work full time uninterrupted.

I pay for all activities, uniform and school trips.

Your obvious bitterness is misplaced. Do you really have nothing better to do than pop up on all maintenance threads with your misguided narrative?

Any UC income he gets is counted in the CM assessment.

Original poster
OneForTheRoadThen · 16/02/2023 10:15

Oh really collaborate? That's good to know. So it's probably better to go via CMS then than make a private arrangement as I don't know how much UC he gets.

OP posts:
ironingboredrefusal · 16/02/2023 10:22

If he's earning in the 30,000s how is he eligible for UC? Even if the kids did live with him he wouldnt be eligible surely as he earns too much?

Original poster
OneForTheRoadThen · 16/02/2023 10:37

ironingboredrefusal · 16/02/2023 10:22

If he's earning in the 30,000s how is he eligible for UC? Even if the kids did live with him he wouldnt be eligible surely as he earns too much?

He's only eligible if he adds the children to his claim which is why he's doing it.

We live in London and his rent is high so it makes him eligible apparently.

OP posts:
ironingboredrefusal · 16/02/2023 10:43

OneForTheRoadThen · 16/02/2023 10:37

He's only eligible if he adds the children to his claim which is why he's doing it.

We live in London and his rent is high so it makes him eligible apparently.

Show quote history

Oh I see. Very surprised that it's got to the stage where he is invited in for a UC interview as the kids dont live with him. Don't they require proof of child benefit for that? Or a court order if there is one stipulating residency? I would also be very surprised if he's qualify even if there was a court order for 50/50.

Suzi888 · 16/02/2023 10:43

If he includes the children on his UC claim and claims council tax benefit and free meals- this will mean his address is used for catchment. Does he get child benefit ? If he doesn’t they won’t include the children.

He also won’t be required to pay maintenance as the children live with him. There will be cross checks- (unless he gets the child benefit). DWP don’t go door to door, so they’ll only act on official info.