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CTC v UC competing claims
Client and ex seperated some years ago. On seperation client claimed CTC & CHB which were awarded. Ex then made a ‘competing claim’ for CTC which HMRC awarded and ended clients award. This decision still subject to appeal which has dragged on for 2 yrs as yet unresolved. Client still has the award of CHB! Arguably they have ‘shared care’ (the child lives with two or more persons who are not a couple).
We are now FSUC (& its almost the new tax year). Our client could make a claim for UC to include a child element.
Has anyone any experience of how UC deal with a ‘competing claim’ for a child element under UC Reg 4 where there is a current award of CTC to another person in respect of the same child?
Given that different decision makers can come to different conclusions based on the same facts (as the have done for CTC v CHB in this case). I can see no reason why the SSWP could not come to a different conclusion to HMRC (and both claimants be paid in respect of the same child)!
Benefit simplification!
It’s of note that the CTC regs will only apply the main responsibility test where competing claims are made for CTC.
I have something very similar that might develop and I can’t see any reason either that both parents couldn’t recevie dependants’ benefits; my client’s unsure whether to rock the boat though as they’ve not got Parental Responsibility although they’ve got the majority of the childcare duty.
Trying to stick the means tested jigsaw together again after they’ve left the pieces in the BCN for a few years to ‘cure’! - it all makes work: https://www.rightsnet.org.uk/forums/viewthread/12559/
Not sure my case is going to develop but its an ‘interesting’ prospect.