Residence Orders and Impact on Money


With whom the child makes his or her main base impacts on housing benefits and child support.

If you are a single parent without the children living with you, you will get less priority for social housing than if you were the full time carer.

Just because you want somewhere nicer than the estate will not get you high on the list. Being joint residents will not help with housing priority either. The person with whom the children live will be able to claim Child Benefit possibly Child Tax Credits or Working Tax Credits.

This is all determined by the Local Authority or Jobcentre computers or HMRC and sharing does not happen. 51% or more of the care scoops 100% but if both parents put in claims for Child Benefit or Child Tax Credits in practice HMRC will suspend those claims for months so that is a weapon that can be kept in mind.

Financial hardship can put huge pressure on separated parents to claim incorrectly but be careful. HMRC and the Local Authorities are highly sophisticated when it comes to tracking down fraud and you can be prosecuted for serious criminal offences.

At Hylton-Potts we cover both Children cases and benefit and tax credit fraud but let us hope you do not need us for the latter two. A fixed fee applies from our London offices but we help people all over the country and in tax credit and benefit cases in Scotland but not Northern Ireland.

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