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If parents have joint custody, who can claim the benefits?

8 replies

iwishi · 21/09/2019 09:01

I'm not sure if I'm going to find myself in that situation or not but hypothetically, if DH and I did split and agreed to 50/50 custody ie 3 days one week, 4 the next, who would receive universal credit/child benefit for them? Currently CB goes into my account and UC goes into his- obviously UC is a lot more money but how does it work when we both have our children 50/50? TIA

OP posts:
LemonAddict · 21/09/2019 09:07

It goes to the person with the ‘main responsibility’, so wherever the children keep most of their clothes, toys, whoever will mainly accompany them to medical appointments, who takes them shopping and buys the school uniform, that kind of thing.

I know you say it’ll be 50/50, but there usually is one person/parent taking on more of a responsibility than the other. That’s who gets the CB.

dementedpixie · 21/09/2019 09:12

Either of you could claim CB but only 1 of you can get the payment. You would both do your own UC application

Ellisandra · 21/09/2019 09:21

I don’t know of any rule re “main responsibility”. It is decided between the parents. As you have more than one child, you can each claim for a different child. Those can be helpful if you are using CB as a gateway benefit for anything else.

sall74 · 21/09/2019 18:43

If you were to both have the kids 50/50 then wouldn't that leave each of you with plenty of time to work and earn enough to not rely on taxpayers funding your lifestyle choice?

CodenameVillanelle · 21/09/2019 18:44

You'd have to agree it between you. If you have more than one you might be able to claim each for one

Mrsmememe · 21/09/2019 18:46

Child benefit can only be paid to one parent. I couldn’t tell you about any other benefits as I don’t claim any.

RandomMess · 21/09/2019 18:50

If you have 2 DC you each claim for one...

With 1 DC you somehow need to agree it. The one who currently receives CB has the advantage though as the other parent would have to prove it should be them if you didn't agree they were the main parent.

You each claim for UC as a single person either with or without the child. Don't know anything about if they allow for 50% care of a child...

Stressedout10 · 22/09/2019 19:33

The UC payment for the child goes to the person in receipt of child benefit so as that is in your name when you apply for UC you will get the child element.
However he can dispute that with the DWP and if they agree with him that he is the primary carer all child benefit and other benefits for the child would go to him and you may have to pay some or all back.
So if you have more than 1 child it would be best to claim for 1 each if you have 50/50 contact or if you can't trust him go for 60/40 custody.
Whatever you do protect yourself and be careful

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