Splitting benefits

[Sophiastry]

My partner and I have separated and care for our child 50/50. She works part time and I don't, although I am looking for work.

Prior to separation we were in receipt of working tax credit, child tax credit and child benefit.

What is a fair way to divide these now that we are separated?

And will HMRC split claims across two households?

No I believe you have to work 16 hours pw as a single person to receiv wtc. Not sure about the others but I think only one person can get CB

The person who gets the child benefit (who is usually the one who has the dc the majority of the time) is the one who receives the child tax credit etc as well as maintenance from the other parent

Claims can't be split but of there is more than one child then parents can claim for one or more each

What happens when care is strictly 50:50?

At the moment even in a 50/50 split there is still a 'resident' and 'non-resident' parent so only one person can claim the child benefit and therefore ctc and maintenance, but as I said I know that some people with 50/50 claim for one child each or agree to spilt/not claim maintenance amongst themselves

The 'resident parent', which you will have to nominate, will need to work 16 hours or more per week to qualify for Working Tax Credits. The non-resident parent will also have to do this. The difference is, that the parent who is resident will get the Child Tax Credits and have the opportunity to claim Child Care element also.

"Facts that can be considered as indicating whether a claimant has the main responsibility for a child or qualifying young person when the claimants are trying to decide who has main responsibility include:

who the child or qualifying young person normally lives with and where they keep the majority of their belongings such as clothes, toys
who is responsible for the day to day spending for the child or qualifying young person such as buying clothes, food and providing pocket money
who the main contact is for school/college/nursery/childcare
who is responsible for the health care and hygiene of the child or qualifying young person such as making appointments with the doctor/dentist, doing the child or qualifying young person's laundry
what is the registered address for contact for the school/college/nursery/child care, healthcare
who has legal custody of the child or qualifying young person." <a class="break-all" href="http://www.hmrc.gov.uk/manuals/tctmanual/tctm02204.htm" rel="nofollow" target="_blank">here</a>

"The Child Tax Credit Regulations 2002, Reg. 3(1), Rule 3.

Where two or more people are unable to agree on who has main responsibility for a child or qualifying young person, the Commissioners for HM Revenue & Customs may determine who has the main responsibility based on the information available to them at the time of the decision.

Facts that can be considered as indicating whether a claimant has the main responsibility for a child when the Commissioners for HM Revenue & Customs are trying to decide who has main responsibility include:

who the child or qualifying young person normally lives with and where they keep the majority of their belongings such as clothes, toys
who is responsible for the day to day spending for the child or qualifying young person such as buying clothes, food and providing pocket money
who the main contact is for school/college/nursery/childcare
who is responsible for the health care and hygiene of the child or qualifying young person such as making appointments with the doctor/dentist, doing the child or qualifying young person's laundry
what is the registered address for contact for the school/college/nursery/childcare, healthcare
who has legal custody of the child or qualifying young person.

This list is not exhaustive.

When deciding main responsibility for a child or qualifying young person, the fact that someone receives Child Benefit for that child or qualifying young person must not be considered. here

" MayTheOddsBeEverInYourFavour Thu 21-Feb-13 13:23:53

The person who gets the child benefit (who is usually the one who has the dc the majority of the time) is the one who receives the child tax credit etc as well as maintenance from the other parent"

That is strictly prohibited as a decider on who the main carer is:

"When deciding main responsibility for a child or qualifying young person, the fact that someone receives Child Benefit for that child or qualifying young person must not be considered." The Child Tax Credit Regulations 2002, Reg. 3(1), Rule 3.