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Further to my previous posts, please note that I have recently discovered that the Citizens Advice Bureau also give the same advice re the link between child benefit and child maintenance being bullsh*t. A direct quote from their website is as follows:
"It doesn’t matter whether or not Child Benefit is actually being paid to the parent with care. What matters is whether or not they’re lawfully entitled to receive it. If they’re not, the non-resident parent is no longer liable to pay child maintenance."
The CAB quote a different case than I did in my previous posts. I assume their advice will be legally checked so I would quote their case or both if you think it will help.
Either way the advice stands up - Child Benefit does not equal automatic right to Child Maintenance as long as you can demonstrate that the Child Benefit is being paid in error or fraudulently.
... just to mention, that link provides advice for Scotland and I think their rules are slightly different.
This applies in England as well. The tribunal that the Citizens Advice link takes you to was held in Birmingham
My earlier optimism that I would get justice was premature as I have lost the Tribunal unfortunately.
I don’t understand why i’ve lost. It really doesn’t make any sense to me. I managed to get loads of proof he wasn’t at school but they still apparently believe he is a qualifying child.
If you don’t agree with the Tribunal judgement you need to write to them and ask for a ‘statement of reasons’ which I have now done. Once I review the reasons I can appeal if there is a legal error as long as I do so within a month.
I’m trying to remain positive but I’m gutted to be honest. I know it sounds bad but I really just wanted to get a clean break and move on.
Who would have thought chasing girls as a 17 year old boy myself would mean me still paying for my stupidity almost 19 years later!
Update on my case. I got a statement of reasons and didn’t agree with the decision.
I appealed to the first tier tribunal and they refused. I have then appealed to the upper tier tribunal and have just found out that they have agreed with me and overturned the decision of the first tier tribunal. Unfortunately, they haven’t re-made the decision and the whole thing needs to go back to a first tier tribunal.
18 months later and I am back to the beginning and starting over again.
This system is shockingly slow.
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