Lee Healey - Benefits Advice Expert

Lee Healey is a welfare benefits and tax credits expert. He is the managing director of IncomeMAX, a Community Interest Company that helps people to understand their benefit and tax credit entitlement. Lee appears regularly on a range of BBC television and radio programmes commenting on the benefits and tax credits system and writes a 'Benefits Doctor' column for national and regional publications.

Question
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Q. I have filed to claim child benefit and child tax credits. my wife and I are seperated and currently going through the divorce process. We have been to court regarding our 7yo child and a court order is now in place in respect of residency of our child. we decided for shared care of
our child, I have our child 145 days of the year and my wife has our child 111 days of the year. I earn 17000 before deductions, she has 2 jobs earning approx 5000 before deductions. as I am the main carer and have our
child 3 school nights every week plus 1-2 nights every weekend, am I entitled to the benefits? just that she says she is entitled to them not me. I know I earn more than her but I have larger outgoings as am left in the family home with all the bills and mortgage(although its joint names)
she stayes with her parents and lives there free of charge. she has up till now been claiming the benefits but spends the money on herself instead of using it to support our child. So my main question is....should I be the one to get the benefit?
A. You can claim Child Tax Credit if you are responsible for at least one child or young person. You do not have to be working to claim. The key issue is being 'responsible' for the child.

To be responsible, the child or young person must normally live with you. Two people cannot claim Child Tax Credit for the same child. If there's a dispute over who is the main carer, HMRC will decide between the claimants. Usually, Child Benefit and Child Tax Credit are paid to the same person.

If you're not sure whether you count as being responsible for a child you can call the Tax Credit Helpline for advice. Call them on 0845 300 3900.


Hope this helps!

Lee H


Lee Healey
Managing Director
IncomeMAX CIC