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Joint residency order
Hi,
I am assisting with a tribunal hearing for HB/CTB for a single gentleman who was getting full HB/CTB with a child premium within his applicable amount.
He has a residency order in place for shared care. He gets child tax credits and the child’s mother gets child benefit.
Upon a review the LA decided that as he does not have child benefit then he cannot have the child premium and this was removed causing a reduction in benefit payable and an overpayment going back 3 months (from date of review).
It appears that the LA were not aware that a joint residency was in place. Upon appealing the LA discovered this and have now gone back a further 4 years removing the child premium causing an overpayment of HB and excess benefit for council tax of thousands of pounds based on a joint residency order dated 2006 provided by client.
The parents separated in 2004 and from this time they have been back to court on numerous occasions each time changing the joint residency order. Client only had one copy of a residency order available (dated 2006) and so this is what he provided to LA , but the details on which have changed since (which were explained to LA).
LA have decided that as the mother receives child benefit, the child attends school near the mother’s house and as a residency order is in place they are using child benefit as a deciding factor.
Has anyone had any experience of this? I understand that using child benefit as a deciding factor should only be done if it is not clear who has responsibility for the child. In this case my client does have the child for more than half of the year (although the residency order provided from 2006 does not state this). His daughter is registered at a GP in both the father’s and mother’s area and my client is involved in his daughter’s schooling although the school is not in his area (sent duplicate letters + need his consent).
Is it also an argument that using child benefit as a deciding factor is discriminatory against men or is this only for JSA/Income Support. Can the Hockenjos case be applied for HB/CTB?
HMRC have investigated on 2 occasion’s entitlement (by request of mother) and on both times let my client keep CTC.
I have asked my client to obtain from the court all orders etc, however what I am concerned about is that if it goes to tribunal they may go back further than 2006 (was 2004 when they first separated).
My client has a lot to lose here. He already owes thousands of pounds has had court summons for council tax and is down on on-going benefit entitlement.
Thank you in advance
[ Edited: 21 Jun 2011 at 04:59 pm by nedcab ]