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I believe it all comes down to who is claiming child benefit for your daughter. If your ex is then you will still have to pay it but if her sister is claiming child benefit for her then you can change child maintenance payments to her.
I don’t know the exact ‘legislation’ or exact CSA ‘rules’ but apparently a child doesn’t have to live with the parent who is being paid child maintenance, the child maintenance goes to the person who received child benefit.
So (as has been the case with many people on this website) if a child lives with a family member who is not the mother or father then the person (mother or father) who claims child benifit is the person who will recieve the child maintenance (unless its a private arrangement).
Hope that makes sense….
If she moves away from the PWC I believe the CSA payments stop
i believe that you will be requested to make further payments if your daughter is still in full-time education. Your child moving away from her mother for her studies, doesn’t mean that mum has stopped providing for your child…..
Sorry I don’t think I made this very clear, my daughter has left home because she does not get on with her mother, she has packed her clothes and left home. Not because she is going to college. I am unable to provide a home for her so she is going to live with her sister.I think her sister will be able to claim child benefit for her . I would rather pay the maintenance to my other daughter for her upkeep and not her mother. Is this possible?
Paul:- If the QC is no longer habitually resident with the PWC then child benefit should no longer be in payment to the PWC.
The sister needs to make a claim for the child benefit, then she can claim child maintenance via the CSA.
Once the child benefit ceases to be paid to the PWC the CSA will close the case.
They will do nothing as long as child benefit is in payment.
You will need to contact them when the change happens.
the mother can continue to claim Child Benefit and come to a private agreement with your daughter’s sister – if this happens you will still be liable to pay Child Maintenance on the current case.
Alternatively your ex can cancel the CHB and your daughter’s sister can make a claim for this (up to the age of 20 as long as your daughter stays in full time non-advanced education) – the sister can then contact the CSA as a Person with Care and request a case be opened, or you can come to a private agreement with the sister and pay her direct.
@ Angela, so basically, the PWC (who your daughter does not get along with) has to AGREE to give up the child benefit claim, if she disputes it then you will have to pay child maintenance to her.
One of the MANY problems with the CSA rules and legislation is that it relies on the PWC being fair and honest…. and on that basis the PWC should (by being fair and honest) give the child benefit to the person the child is living with and inform the CSA that the child is living with her sister.
However, when the PWC does this then she will be liable to pay child maintenance to the person who is in receipt of child benefit (your daughters sister)… and as I am sure you can imagine, she may not want to do that.
My advice would be to speak with your daughters sister and ask her to speak to the mother and get the child benefit transferred over to her name and then she can claim money from you and the mother for child maintenance for your daughter….
The CSA will NOT help you or your daughters sister if the mother refuses to hand over the child benefit, they will suggest you contact cb office and say that the mother is fraudulently claiming child benefit…
p.s. and in the meantime you will have to continue to pay your daughters mother child maintenance…..
as long as there is money exchanging hands the CSA feel as though they have done their bit… it doesn’t matter to them that the money is not going to the child….
I can guarantee the CSA will take months and months and months to make any changes to your situation and they will have excuse after excuse after excuse as to why you are still paying child maintenance to the mother …. CSA staff are completely useless (especially when any actual work is involved in dealing with claims..)
Good luck and please keep us posted!!
if the PWC (the child’s mother) and the person with whom the child will be living with (the child’s sister) have a private agreement between themselves whereby the mother pays the sister an amount agreed between them for the financial support of the child then the mother’s CHB claim will not be fraudulent – it is similar to the child going into lodgings or college halls of residence and the mother still supporting the child financially ie paying rent, providing an allowance for food etc, in such cases the mother is still entitled to claim CHB and CM whilst the child is attending non-advanced education.
If the mother stops her CHB claim and the sister claims it then the sister can, if she wishes to, make application to the CSA for CM from one or both parents, or she can make private agreements with one or both – the choice is hers.
Thanks to everyone who has commented, this was the same situation with my eldest child who had to leave home due to the bullying tactics from her mother. My eldest child is going to become pec to my youngest. When my eldest left home it was as you say the CSA told me to report my ex wife to the benefit fraud squad for claiming cb when she was no longer living there, but also the CSA did send out an inspector to verify that my daughter was no longer living there. I thought this was quite good for the CSA but unfortunately it took over a year for them to sort it out and they eventually reimbursed me £150 for the inconvenience! The fraud office investigated and eventually the cb was stopped as was the maintenance payments for my eldest daughter. I know my ex will not agree to informing the cb office that my youngest has left home so I intend to inform the fraud squad. She is not supporting my daughter in anyway shape or form since she left home, she has refused to give her any financial support at all even to feed her so she is receiving cb and child maintenance for a child that does not live with her and she is not supporting.
@ Angela – are you sure it was the CSA who sent the fraud squad out to verify your daughter was not living there?? The reason I ask is that Alice and other CSA employees like her are renowned for telling NRPs that the CSA is not responsible for investigating such claims. It’s the responsibility of the NRP to do all the work to prove the PWC is fraudulently claiming cb for a child who is not living with her…
If what you say is true then there are thousands and thousand of NRP’s who have been lied to by the CSA employees!! Thousands of NRP’s could have saved a lot of money (and heartache) if the CSA had got involved as they did with your situation.
As the PWC is not willing to do the decent thing, you really have no choice but to do as you say and inform the fraud squad…. it’s just so sad that the mother is depriving her daughter of the money she is entitled too…. will the CSA learn from this (and millions of cases like it) …. no…..
The CSA sent out an inspector to verify that my daughter was no longer living there. I contacted the fraud squad upon verification that the inspector had been in contact with my ex and had verification that my daughter no longer lived with her. My ex had tried to lie by saying she had only left for a short time. This was found to be untrue, CB was stopped as was maintenance from myself direct to my ex.
i give my ex the house and after that she took me to c.s.a. im not on the deeds but still on mortage how greedy she is that i hope she rots in hell hate her . all she thinks about is money and men .