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Original poster

Benefits when 50/50 child arrangement with 3 kids

15 replies

Fullofsurprises1 · 13/09/2023 18:58

So I split with my ex 7 months ago. He was abusive and controlling and I won't go into all the details but he managed to obtain all the benefits for our 3 children.

Cafcass have advised 50/50 arrangement.

Can we now both apply for universal credit with a child each on our claim? Also what happens to the additional child? I know there is a 2 child limit due to the benefit cap, can one of us claim for 2 and one 1 child or only 1 each?

And what about child benefit?

Trying to get something drafted up so it can go in the final court order. I am working but my rent is extortionate where as he has a tiny mortgage. I really need some extra money and the child element of Universal credit would help pay towards my rent and bills which I am currently struggling to keep on top of.

Thanks for any advice

OP posts:

Pleaseme · 13/09/2023 19:01

You can claim for 2/1 each. It’s up to two children per individual claim. I have 50/50 with my ex but I claim the child benefit/ Uc and fund the after school stuff.

Original poster

Fullofsurprises1 · 13/09/2023 19:05

OK so one of us can. Claim for 2 and the other claim for 1?
Thanks

OP posts:

Pleaseme · 13/09/2023 19:06

Yup

Original poster

Fullofsurprises1 · 13/09/2023 19:10

Thanks so much
I asked somewhere else and they said that would be fraud ... I don't know how I can live without the extra help. Really appreciate your reply,hopefully I can sleep a bit better now lol

OP posts:

RaceToTheMiddle · 13/09/2023 19:12

Hi, I don’t know about UC

But me and exH share 2 children 50/50. We each claim for 1 for child benefit.

RaininSummer · 13/09/2023 19:34

I don't think UC will pay for children if they do not live with you and and are in receipt of the child benefit. So unless you are divvying the kids up to live with one or other of you I dont think this will work even though you have 5o 50.

Original poster

Fullofsurprises1 · 13/09/2023 19:41

Wel where on earth will they be living then? Its exactly 50/50 shared care straight down the middle, meaning they live half the time with me and half the time with their dad, there isn't just one address there is 2. 2 homes to run, 2 homes that need adequate living space etc.

OP posts:

RaininSummer · 13/09/2023 19:56

I think only one of you can claim and then if you want to hand over some of the benefit to acknowledge the 50 50 then you can.

Bromptotoo · 13/09/2023 20:06

Not clear whether there are three children on who could be on UC claim or whether the youngest is caught by the three child rule.

The general principle is that, mostly, parents agree who their children live with for claim purposes and/or it's evident; usually the mother. Generally speaking, if you tell UC/CB that one child is with you and another with their father I don't think they'll worry too much.

If there's a disagreement the parents cannot resolve, and that may be the case here, then a DWP Decision Maker will decide based on the facts.

Like everything else the DWP have guidance which will be available if you search the 'net.

Babyroobs · 13/09/2023 21:10

Have you checked whether you both would even be eligible for UC in different scenarios ? It is very likely you will qualify if you have high rent but to be honest if your ex has a mortgage and only has one child on the claim, he may not even qualify for UC depending on his earnings ? I think you should play around with the benefit calculators to check. If he doesn't qualify or won't qualify with just one on the claim then you may as well claim for all three assuming they were all born before the April 2017 cut off. You could always then give him some of the money.

Gingerkittykat · 14/09/2023 00:31

You can put in a competing claim for both UC and child benefit and DWP decision makers will make a decision. They will stop all child related benefits while they investigate.

Original poster

Fullofsurprises1 · 14/09/2023 06:44

Yes we will

OP posts:

Original poster

Fullofsurprises1 · 14/09/2023 06:46

Well I will be most definitely. I've obviously checked and used various scenarios of different amounts and it would help me hugely. He barely works, is getting a free ride off family amd will want to claim some of the benefits as he doesn't want me to have them all.

OP posts:

Hellohah · 14/09/2023 06:51

Fullofsurprises1 · 14/09/2023 06:46

Posts like this that make me realise why I dislike people.
What an arsehole he is eh?
I have no idea what happens in this situation. I imagine you'd have to find out which children he is claiming for, and then claim for the other?
Good luck, I have no idea what it must be like dealing with someone who is just so vindictive.

Babyroobs · 14/09/2023 09:00

Fullofsurprises1 · 14/09/2023 06:46

Ok well if he wants to claim UC there are conditions that come with it like having to look for work for a certain number of hours. This may be less than full time hours if the child on his claim is young. Make sure he doesn't claim for the youngest so that they have him looking for maximum number of hours !!! he will not get away with claiming UC and not looking for a decent number of hours. maybe claiming it could be good for him in that respect. Might makes the lazy man have to work for his benefits.

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