Page 2 | UC and maintenance

OneForTheRoadThen · 2023-02-15T09:19:45+00:00

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

Original poster

OneForTheRoadThen · 16/02/2023 10:47

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.

No I claim the child benefit. Apparently you don't need to be claiming CB to claim UC.

He won't be eligible for free school meals etc as he is above the income level but I'm concerned this will give him primary carer status for school catchment and maintenance reasons. That he can do this seems really wrong.

OP posts:

ArcticSkewer · 16/02/2023 10:48

He won't get free school meals for the kids.

Op, I can see why you don't have much sympathy as he hasn't been paying the due maintenance. Have you pointed this out to him? It's strange that he is telling you about his UC claim when he knows he hasn't been paying maintenance.
Just put your own claim in for cm if he still refuses to pay cm.

Original poster

OneForTheRoadThen · 16/02/2023 10:48

@ironingboredrefusal there's no court order and I claim the CB. I guess it's my word against his over where the children spend their time.

OP posts:

ArcticSkewer · 16/02/2023 10:49

Until you put in a claim for cm he could easily say you are 50:50 and that's why you don't claim it

ironingboredrefusal · 16/02/2023 10:50

OneForTheRoadThen · 16/02/2023 10:48

@ironingboredrefusal there's no court order and I claim the CB. I guess it's my word against his over where the children spend their time.

I dont think it's where they spend their time, it will be who they live with otherwise non-resident parents would be claiming the child element of UC all over the place!

LunaAndHerMoonDragons · 16/02/2023 10:52

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.

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Sounds dodgy, how can he be eligible for a top up if you earn less and you're not?

ironingboredrefusal · 16/02/2023 10:52

ironingboredrefusal · 16/02/2023 10:50

I dont think it's where they spend their time, it will be who they live with otherwise non-resident parents would be claiming the child element of UC all over the place!

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In fact having just looked at entitled to, it says that only one parent can claim the child element. So, have you put a claim in for it? If he earns more than you surely you will be entitled to it too if hes is on paper?

Original poster

OneForTheRoadThen · 16/02/2023 10:57

@ironingboredrefusal @LunaAndHerMoonDragons I'm not eligible as I live with a partner and our income is over the threshold.

@ArcticSkewer he tells me about his UC claim as apparently when he claims he will be able to pay maintenance finally....I don't trust him though as he's shown no willing to pay even a token amount over the past few years.

OP posts:

ironingboredrefusal · 16/02/2023 11:01

OneForTheRoadThen · 16/02/2023 10:57

@ironingboredrefusal @LunaAndHerMoonDragons I'm not eligible as I live with a partner and our income is over the threshold.

@ArcticSkewer he tells me about his UC claim as apparently when he claims he will be able to pay maintenance finally....I don't trust him though as he's shown no willing to pay even a token amount over the past few years.

If he's earning in the 30 thousands then he should already have been paying Child maintenance. He also can't claim the child element as the children don;t live with him - according to entitled to if there is a duspiute they would need proof that the kids live with him such as the address that the school and gp have for the children, which assume is your address OP? Even if you cant claim UC, he wont be able to either as the kids dont live with him most of the time. Again, if he's earning he should have been paying a long time ago, UC has nothing to do with it so just get the claim out in fro maintenance as soon as possible.

Madamecastafiore · 16/02/2023 11:03

Why didn't you go through the CMS for maintenance?

Hadtochangeforthisone · 16/02/2023 11:04

So many inaccuracies here.

You do not need to claim CB anymore to be eligible for child element of UC.

In this case there is no resident parent as no court order in place.

People who come out with daft statements like 'if he earns £30k how can he claim UC - show their ignorance of UC and the conditions of entitlement.

UC is based on individual circumstances. If you live in Jaywick and earn £20k and earn your own home you will probably get nothing. If you live in Knightsbridge and rent you could have £50k + and be entitled. If you have kids and /disabilities you can still be entitled with much more coming in. !

ironingboredrefusal · 16/02/2023 11:13

Hadtochangeforthisone · 16/02/2023 11:04

So many inaccuracies here.

You do not need to claim CB anymore to be eligible for child element of UC.

In this case there is no resident parent as no court order in place.

People who come out with daft statements like 'if he earns £30k how can he claim UC - show their ignorance of UC and the conditions of entitlement.

UC is based on individual circumstances. If you live in Jaywick and earn £20k and earn your own home you will probably get nothing. If you live in Knightsbridge and rent you could have £50k + and be entitled. If you have kids and /disabilities you can still be entitled with much more coming in. !

You do need to prove that you are the main parent though, as I pointed out.

There is a resident parent - its the one who provides them with most things and most overnight contact, as pointed out on entitledto.

And its not a daft statement to presume that you dont get UC if you earn over £30k as I earn less, my rent isn't cheap, I have a kid, am a lone parent and dont qualify.

Of course if you live in Knightsbridge and your rent is something ridiculous then you could qualify but most people dont do they?! And how would they afford to live in knightsbridge in the first place - not from UC, these kind of people would have had very high paying jobs in the first place and probably savings which would disqualify them from UC. So, as I say, its not daft to suggest that people who earn a high wage of 30 grand and above wouldn't qualify for UC.

Original poster

OneForTheRoadThen · 16/02/2023 11:14

Madamecastafiore · 16/02/2023 11:03

Why didn't you go through the CMS for maintenance?

Mainly because he's spent years telling me he can't afford it, I'm not thinking of the children, he will have to move away and that will impact the children, he will pay in the future just give him time, he has them almost as much as me etc.

In short I believed he would pay when he could but it's gone on too long now and I don't believe he ever will.

OP posts:

Hadtochangeforthisone · 16/02/2023 11:35

*Ironingboardrefusal
*
It really isn't that unusual to be entitled to UC earning £30+k and uniform statements such as you being surprised anyone was entitled is one of the reasons so much UC goes unclaimed. Not least for the money but also for the 'passport' entitlements that being in receipt of UC entitle people to.

3 years ago. With one child at home in East Sussex - paying £995 pm in rent and earning £38k . I received £92 a month . That I could have claimed for months but wasn't aware I was entitled to so I would say ..

If you rent. Always do a calculation at

benefits-calculator.turn2us.org.uk/survey/1/efdc6b5c-d334-4a6f-b14d-bd6008050df5

And never believe anyone who says that because they aren't entitled you aren't too. Unless they have the exact same circumstances from wages, housing, number and age of kids, disability and caring responsibilities.

LunaAndHerMoonDragons · 16/02/2023 21:47

OneForTheRoadThen · 16/02/2023 10:57

@ironingboredrefusal @LunaAndHerMoonDragons I'm not eligible as I live with a partner and our income is over the threshold.

@ArcticSkewer he tells me about his UC claim as apparently when he claims he will be able to pay maintenance finally....I don't trust him though as he's shown no willing to pay even a token amount over the past few years.

Makes sense thanks for clarifying. His I'll pay maintenance when I get UC sounds like a stalling tactic he could probably use to stall for a months, it's just more time he's not supporting his child.

Original poster

OneForTheRoadThen · 17/02/2023 14:03

@Collaborate how do I ensure that his UC is included in the maintenance calculation please? I have just phoned the CMS who said the only thing they calculate is the info provided by HMRC not DWP which is where UC comes from.

Unbelievably it seems his UC claim has been successful and it looks like he will be getting just short of £1k each month. Is there any way I can get him assessed on this higher income please?

OP posts:

OnlyOpenMouthToChangeFeet · 17/02/2023 20:20

OneForTheRoadThen · 16/02/2023 10:57

@ironingboredrefusal @LunaAndHerMoonDragons I'm not eligible as I live with a partner and our income is over the threshold.

@ArcticSkewer he tells me about his UC claim as apparently when he claims he will be able to pay maintenance finally....I don't trust him though as he's shown no willing to pay even a token amount over the past few years.

I think he's hoping you won't shop him, as he knows you want the maintenance.

But even if the UC claim is successful, I don't think he'll pay. Then he'll hold it over your head, and say if you report him he'll tell the authorities you were complicit in the fraud. He'll hope this will make you too scared to report him, then he gets to pocket the extra UC without paying you a penny.

He's not legally entitled to it, report him now. You can do it anonymously online here:

www.gov.uk/report-benefit-fraud