My client has a boy of 17 , he will be 18 in June , he is doing A levels at present. Lived with mother since parents split up 10 years ago , has had some problems with the police so father decided he should go and live with him.This was at first a temporary thing but now it looks as though it will be permanent. The mother wants to relinquish the CHB from the permanent date of leaving , the father says he doesn't want the CHB and the mother should keep it , but I don't think she can keep it.Even if the father agrees , am I right , she will have to inform them of a change of circs? There is the possibility he will return to live with the mother , but obviously this is an unknown qauntity.
I have visions of the CHB going back and forward between the 2 parents.

Is there a period where CHB is paid to the original parent after the child has left or is it stopped straightaway?
Thanks.

Hi, as far as I'm aware, if the father is not submitting a competing claim for Child Benefit, then your client as the other parent is still entitled to the benefit. Only if the father wished to claim also and the mother still wanted to claim, would there be an issue of priority for the Child Benefit Office to decide.

Thanks John. I was worried that if the mother claimed for the benefit when the child didn't live with her then she would be breaking the law.I think she has to contribute at least as much as the CHB for the upkeep of the child in order still to be entitled to receive it.

section 143 Social Security Contributions and Benefits Action 1992, to be a person responsible for a child or qualifying young person they need to live with you or you are contributing to the cost of providing for the child etc. at a weekly rate which is not less than the child benefit payable in respect of that child etc.

She will not qualify solely on the grounds that the father does not wish to submit a claim.

Temporary absences are a different issue.

Shaun

Thanks for expanding on that Shaun.
I assumed (fatal I know) in my reply that the mother would use the Child Benefit for the child.

So if the mother informs the CHB centre that son has gone to live with Dad , but he does not make a claim to CHB , then the mother's CHB will stop and it will not be paid to the Dad either? Have I got that right?