DLA and Carers Allowance Payments meaning RP gives NRP money each month, is this right?

[PayingTheNRP]

Have named changed for this as it's not my situation but a family members.

NRP has DC aged 10, 4 nights a fortnight plus fathers day and then either 25th-27th December or 27th – 29th December every year (works out at around 107-110 nights per year)

DC gets DLA and RP claims carers allowance.

Because of the amount of DLA DC gets it cancels out the Child Maintenance amount (bar a few £ I think).

Because of the RP claiming Carers Allowance the RP has to give the NRP £100 a month as NRPs contribution to the care of the DC. NRP will also ask for more money if they have to drive their car to pick DC up from anywhere, take them anywhere or they buy DC a meal out of the house which is also allowed under Child Maintenance rules apparently.

This seems insane and unfair.

RP pays for everything all therapies, all equipment for their disability, all school uniform (DC gets through a lot due to their disability, they need new shoes every 8 weeks and they have to be new not second hand), all school trips, literally everything. When they bring up sharing the costs in proportion to their contribution the NRP laughs and says RP will have to take it to court.

This a court ordered financial agreement.

It just seems hugely unfair.

For context the NRP is suspected of being at least partly responsible for the DCs disabilities due to violence and control. NRP was definitely violent to the RP proven in both criminal and family courts.

There is also a Child Arrangements Order for contact so that can’t be changed either.

Is this right and legal? Or can RP challenge it?

Why was the order made in the first place?

Because when the Child Arrangements Order was made the judge said it needed to be equal in each home for the sake of the DCs disabilities so the NRP took the RP to court for the financial agreement.

Well if the court ruled as described a 50/50 arrangement, then that is not actually happening, the RP should therefore go back to court to amend the financial arrangement according to the split in care.

No it was ruled on a 70/30 - 107-110ish days a year - arrangement.

Who says NRP gets more if they have to pick DC up from anywhere, buy them a meal out, etc.?

If the amount being paid is classed as child maintenance and the order was made over 12 months ago, you can refer it to the CMS. Their calculation will replace the order.

Why are they giving NRP some of their carers allowance? They're entitled to all of it as long as they look after the child 35 hours a week. That needs to stop.

And why does CM get cancelled out by DLA?

The court said because the NRPs earnings would be what the RP would have to give them from the DLA (30%) so they cancel each other out so the NRP doesn't have to pay CM due to that.

It will be legal because it’s court ruled.

Carers allowance for s for time spent caring so it does seem fair to split along the lines of contact time.

Equally, the DLA is for needs associated with the DC’s disability and presumably these are needed at the NRP’s house too.

The NRP is a see you next Tuesday, but that doesn’t detract from him needing to provide care for his disabled daughter.

The NRP says that those are their contributions to DCs care but because RP is officially their carer they shouldn't have extra costs so wants extra from the RP to cover the things they should be doing.

The order lists what things the NRP can have extra money for and includes fuel costs and meals.

Thank you

Well once the 12 months from the court order are up, NRP should refer to CMS to recalculate.

RP is the one losing out here, so RP needs to refer to CMS.

Yes of course - typo!