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how can i stop my children father claiming my children benef

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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ade2014
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how can i stop my children father claiming my children benef

Post by ade2014 » Wed Aug 05, 2015 11:58 pm

Hi everyone please i need qn urgent help my children father as been claiming my children benefit since i don't have leave to remain now that qm been granted leave to remain how can i stop him claiming my children benefit so i can be claiming them because am the one taking care of the children and we are not staying together i ask him to stop claiming to get he doesn't want to stop what can i do to stop him should i call hmrc myself please advise me thank you.

vinny
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Re: how can i stop my children father claiming my children b

Post by vinny » Thu Aug 06, 2015 3:38 am

Is he entitled to claim child benefit for your children?
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ade2014
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Re: how can i stop my children father claiming my children b

Post by ade2014 » Thu Aug 06, 2015 1:41 pm

Hi vinny thank you for your quick reply, yes he is irish citizen he came since 2013 ever since he been the one claiming the benefit because ot my status, even sometimes he didn't give ue money at all now that i sort my immigration issue i want to be claiming them myself but he did want to and he is not staying with us i don't know weather to call hmrc myself i don't know please vinny advice me

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Casa
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Re: how can i stop my children father claiming my children b

Post by Casa » Thu Aug 06, 2015 9:20 pm

Contact HMRC and inform them that you are responsible for the care and maintenance of your child and that your estranged husband is not contributing. Here's the link you need
https://www.gov.uk/child-benefit/eligibility

and also this sub link:
https://www.gov.uk/report-changes-child-benefit


"You’ll usually be responsible for a child if you live with them or you’re paying at least the same amount as Child Benefit (or the equivalent in kind) towards looking after them."
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CR001
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Re: how can i stop my children father claiming my children b

Post by CR001 » Thu Aug 06, 2015 9:39 pm

now that qm been granted leave to remain
What leave to remain have you been granted and on what basis? Do you have 'no recourse to public funds' written on your leave to remain?
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Casa
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Re: how can i stop my children father claiming my children b

Post by Casa » Thu Aug 06, 2015 9:47 pm

CR001 wrote:
now that qm been granted leave to remain
What leave to remain have you been granted and on what basis? Do you have 'no recourse to public funds' written on your leave to remain?
Thanks Char. I'd misread it as having settled status, not limited leave.
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ade2014
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Re: how can i stop my children father claiming my children b

Post by ade2014 » Fri Aug 07, 2015 12:36 am

Thanks casa God bless you for this info i will definitely do that @ croo1 thanks for your response i was granted 30 months leave to remain with public funds that why am trying to claim the benefit myself but this man would allow me now that i know what to do thanks to you guys God bless you all

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Casa
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Re: how can i stop my children father claiming my children b

Post by Casa » Fri Aug 07, 2015 10:24 am

ade2014 wrote:Thanks casa God bless you for this info i will definitely do that @ croo1 thanks for your response i was granted 30 months leave to remain with public funds that why am trying to claim the benefit myself but this man would allow me now that i know what to do thanks to you guys God bless you all
Just to confirm...does your visa say 'no recourse to Public funds' or are you entitled to claim?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ade2014
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Re: how can i stop my children father claiming my children b

Post by ade2014 » Fri Aug 07, 2015 12:02 pm

Goodafternoon casa yes as i explain before i was granted 30 months leave to remain with public funds which allows me to claim any benefit thank you.

ade2014
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Re: how can i stop my children father claiming my children b

Post by ade2014 » Fri Aug 07, 2015 12:02 pm

Goodafternoon casa yes as i explain before i was granted 30 months leave to remain with public funds which allows me to claim any benefit thank you.

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Casa
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Re: how can i stop my children father claiming my children b

Post by Casa » Fri Aug 07, 2015 12:21 pm

In which case, contact HMRC as I suggested, let them know you are the sole-carer with responsibility for your children. You can also tell them that your estranged husband is claiming the Child Benefit and rarely passing any money on for the children's support. Good luck with getting it sorted. If you still need further help, have a chat with your local Citizens Advice Bureau (CAB). The advice will be free.
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ade2014
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Re: how can i stop my children father claiming my children b

Post by ade2014 » Fri Aug 07, 2015 12:33 pm

Thank you very much casa God bless you i will do exactly as you say thanks again.

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Re: how can i stop my children father claiming my children b

Post by Petaltop » Sun Aug 09, 2015 1:48 pm

Make sure the school, GP surgery, dentist, have your address for where the children live and the school has you as their main contact. Then write to HMRC and tell them you are separated from your husband, that the children live with you and you are the one who should be claiming these child related benefits, not your husband. You could phone HMRC and ask what evidence they require to support your request to stop his claim and start giving you the benefits for the children.

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Casa
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Re: how can i stop my children father claiming my children b

Post by Casa » Sun Aug 09, 2015 2:56 pm

An additional point....is your estranged husband paying any child support for his children?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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