Father claims family allowance for two children who live with their mother
September 15, 2012
My sister has 2 children living with her. They uses to live with her husband, but due to an unsuitable new partner her husband now lives with, they are no longer allowed to live with him. One child has lived with her for about 2 years, the other on and off, but now permanently with my sister.
He claims the family allowance, for children who do not live with him, and family tax credits, he also works. She is on income support… and has to pay HIM maintenance through the CSA out of her income support for 2 children who do not live with him! She has reported this to the CSA… can you guess what their answer was… Well he says they live with him, and we have no proof they don’t!!!!
These children have emotional needs (which i have to add, that HE claims a carers and disability allowance for!!) So you may think why does she not do something about this?
The answer is simple.. he is a violent bully, and she is scared of him! So no matter how many times she reports him, no matter who she rings, she can not get anyone to help her, stop him getting money he is not entitled to, and give her back the money she needs to keep these growing children.
My pensioner parents, are having to feed her, clothe the children, and help her in anyway they can!!
Can anyone advise me, so i can advise her on what she can do. I am seriously worried about how much more she can take of this. She struggles every day to keep those children. I know this may seem very dramatic, but what i will say next is even more dramatic… He has a gambling addiction, and needs the money to fuel his gambling addiction! Any advice is desperately needed. Thank You.
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Report it as benefit fraud. If your sister contacts child benefit office and tells them what is going on they will contact him to see if he still has the children.
As he is in receipt of child benefit etc. CSA will continue to collect the maintenance until that is transferred.
I think the advice from carol (sep 15th) may be the best way forward, its a first step at least. There may be more to this problem though that you have not mentioned, the clue you appear to give is that the ex is a “violent bully, and she is scared of him!”. Perhaps she needs support in taking this matter forward, even if its just getting someone to advocate on her behalf. It may be an idea to get some advice from something like the womens aid organisation, if only to get some help in framing her case for the child benefit people? Good luck and I hope you get this sorted.
I agree with the advice from both Carol and J
if the father is still claiming Child Benefit and the children no longer live with him this is fraid – it also means that the CSA are obliged to keep the case open and take the money from your sister’s benefit – that is something the CSA can change, that is the law that they have to work by. If she reports to the Child Benefit department that the children live with her but he is still claiming they can investigate this – if she can provide evidence such as confirmation that the children are registered at her address with school, doctors, social work etc then this will assist their investigation. Once Child Benefit is no longer payable to him it will be transferred to your sister – her CSA case will be closed and she can apply to open a case against him to claim maintenance for the children
your sister’s ex is also claiming other benefits fraudulently – this can be reported via the benefits agency website and she does not have to give her name.
As you state he’s a violent bully then perhaps she should get help in sorting this mess out –