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Original poster

Universal credit and child element

22 replies

motheroreily · 04/09/2020 09:54

I share residency of one child with my ex (50/50). He is about to be made redundant. I've always received the child benefit (before we split up and before we did 50/50). It pays for school trips, uniform, clubs etc and goes in a separate account. Can he claim the child element of universal credit or will he need to be receiving the child benefit?

OP posts:
Suzi888 · 04/09/2020 10:50

He should be receiving the child benefit, but UC is notorious for making mistakes!

Babyroobs · 04/09/2020 12:45

The parent who is down as the main carer can claim.

Original poster
motheroreily · 04/09/2020 13:31

Thank you for your responses. I don't claim UC. So I guess I'll have to cancel the child benefit claim and he'll claim it so he can get the Child element of UC

OP posts:
SoloMummy · 04/09/2020 15:04

@motheroreily
He will need the cb to add the child element.
This is a gateway benefit and I would advise not giving it to him.

Original poster
motheroreily · 04/09/2020 15:53

@solomummy thank you. I don't know the right thing to do. I won't be worse off if he claims the CB and I am not entitled to UC so it doesn't effect me. Whereas it will effect him as he's losing his job. Plus as we're 50/50 there's no main carer. But I worry about what happens if my situation changes.

OP posts:
Bryyy · 04/09/2020 15:54

No he doesn't have to receive CB. I don't and get UC. We also have a 50/50 split.

Babyroobs · 04/09/2020 17:02

The thing is he will definately need the child element of Uc to be able to care for your child half the week. UC is a pittance for people who are not working at all, it's only when people start working that it is a decent top up benefit. I think he should be able to get it even without Child benefit but could take a while to sort.

Babyroobs · 04/09/2020 17:03

[quote motheroreily]@solomummy thank you. I don't know the right thing to do. I won't be worse off if he claims the CB and I am not entitled to UC so it doesn't effect me. Whereas it will effect him as he's losing his job. Plus as we're 50/50 there's no main carer. But I worry about what happens if my situation changes.[/quote]
Yes exactly. If he is claiming it and you lose your job you won't get the child element unless he's willing to give you half.

Babyroobs · 04/09/2020 17:05

How confident is he of finding something else soon ? is he in a trade where it may be relatively easy ? If his unemployment likely to be only short term it may determine the best way to proceed?

Original poster
motheroreily · 04/09/2020 17:31

He's an HGV driver. In normal circumstances I'm sure he'd manage to get another job but I'm not sure now how easy it will be. He has a partner and had a perm job whereas I'm single and have a fixed term contract so before now it made sense for the child benefit to stay as it is as he had more security. But things have changed I have a secure job for another 12 months and he doesn't.

I think I should transfer it to him and hope he'd do the same if I lost my job and he had a job. He's so horrible and rude it clouds my judgement! But I think he needs it more than me at the moment.

OP posts:
Rockchick1984 · 04/09/2020 18:15

You do not need to be claiming CB to claim the child element, however it makes things easier if you are.

As long as you are not claiming any income relates benefits (tax credits, housing benefit etc) then you can transfer things to him, but bear in mind that if you want to change back to you, you'll need him to agree to change it, you can't just swap back in the future.

AnotherEmma · 04/09/2020 18:24

"He's so horrible and rude"

Why would you transfer the child benefit to him, then?! There's no guarantee he'd transfer it back.

You say he has a partner, her income and their combined savings might mean that they don't qualify for UC anyway.
If he's being made redundant he might qualify for some redundancy pay (if he's been working there for 2 years or more).
He should be able to claim new-style Jobseekers' Allowance as eligibility is based on your National Insurance record and nothing else. It's only £74/week but better than nothing.
Depending on partner's finances, as I mentioned, and also whether or not they rent or have a mortgage, they may or may not be entitled to UC.
So the child element of UC is only a small part of the bigger financial picture.
Not worth you sacrificing the CB for.

Babyroobs · 04/09/2020 19:19

@AnotherEmma

"He's so horrible and rude"

Why would you transfer the child benefit to him, then?! There's no guarantee he'd transfer it back.

You say he has a partner, her income and their combined savings might mean that they don't qualify for UC anyway.
If he's being made redundant he might qualify for some redundancy pay (if he's been working there for 2 years or more).
He should be able to claim new-style Jobseekers' Allowance as eligibility is based on your National Insurance record and nothing else. It's only £74/week but better than nothing.
Depending on partner's finances, as I mentioned, and also whether or not they rent or have a mortgage, they may or may not be entitled to UC.
So the child element of UC is only a small part of the bigger financial picture.
Not worth you sacrificing the CB for.

Agree with this. The fact he has a working partner changes things, not that she should pay for your child, but he does have other household income and as above he can claim New style JSA if ruled out of Uc. I would hold onto that Child benefit op. Do they have other kids?
Original poster
motheroreily · 04/09/2020 19:58

Thank you. This has all given me something to think about. We both just have one kid. They have a mortgage so I don't think he would be entitled to alot of UC.

He's very combatative. He didn't explain the redundancy at first. He text out of the blue "I want to claim the child benefit why should you claim it?" Then eventually after I said no and said I was selfish and childish he explained about the redundancy.

Hmmm it's alot to think about I don't want to screw him over. But I don't know if he'd do the same for me.

I might try and work out how much UC he'd get and whether the child element would make a difference. His partner has a profession job so I could guess her wage.

OP posts:
AnotherEmma · 04/09/2020 20:23

Why? It's not your problem! Or your business!

Titterofwit · 04/09/2020 20:26

Dont give up the child benefit until you know for sure that it will benefit him.
From the few details you have mentioned he may well not be entitled to anything given that he has a working partner and a mortgage. It would be awful to give it up and for neither of you then have any benefit from it at all.
Good idea to do a rough calculation yourself to see how the land lies.

idsisatwat · 04/09/2020 20:33

He doesn’t need to claim child benefit to get the child element, but he will have to provide some ID for the child and ideally some proof of the 50/50 arrangement.

TW2013 · 04/09/2020 20:52

It can sometimes be asked for a proof for secondary school applications. Are you planning to apply to a school near you or near him? Which address gives the best chance of admission to secondary school of choice. It might be hard to get the child benefit back at a later time point.

Neversayn1 · 04/09/2020 20:58

The fact that OPs child’s dad has a partner is non of OPs business she should not be expected to foot the bill!

Elieza · 04/09/2020 21:17

He’s horrible. Why are you helping him? You know he wouldn t do this for you.

Do you not need it for your ni stamp or something?

Why don’t you keep the child benefit claim. But send him half of the money? If you must.

That way your conscience is clear, it is 50/50, but if he starts being a dick about stuff you can just stop.

If you give him it cash then there will be no record of it so he can’t say anything or twist anything or get any additional benefits from it. Just give him it at handover time with dc.

AnotherEmma · 04/09/2020 21:22

@Neversayn1

The fact that OPs child’s dad has a partner is non of OPs business she should not be expected to foot the bill!
It is relevant to a UC claim though, because assuming they live together, they would have to make a joint claim and her finances will affect their eligibility.

The fact is that cohabiting couples are expected to foot the bill for each other, and each other's children (as far as means-tested benefits are concerned).

NoRoomInBed · 04/09/2020 21:53

Can you not just transfer him the money but still keep it in your name just in case things change and he won't give it back?

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