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Mum Receiving Child Benefits and Collecting Rent?

I have a job working 18 hours a week. I work 3 days and get £30 cash in hand. My mum takes £30 off me each week even though she still claims child benefits. I am 17 and going back to college. I would like to know if this is legal. So far shes taken £90 off me, if she's breaking the law can I get my money back? Please help it's causing us to argue and I think she'll end up kicking me out.

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By Emma

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Bronze Feedback Medal for All Time! 226 Feedbacks
August 20, 20130 found this helpful

A lot will depend on the laws where you live. You will need to find out from someone local as to what they are. But I think your problems need to be solved outside of the legal arena. At your age contributing to your support (giving Mom your wages) doesn't seem unfair.

However if she doesn't let you keep any of it that doesn't sound fair either. If she gives you "walking around money" it seems a bit more fair. Is Mom paying your school costs? Is she paying your board and room costs? If so, then you have more need to help her out financially. There is a balance that needs to be struck here.

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You need to consider that if you move out you may not be able to continue your schooling because you will need to work longer hours. Keep your long term goals in mind when you make a decision. It is an important decision with long term ramifications.

 

Silver Feedback Medal for All Time! 282 Feedbacks
August 20, 20130 found this helpful

You need to check with the local council (best place to find out if she can be taking your entire pay packet whilst still claiming Child Benefit), online at the DWP site, and at the Legal Aid site:

www.gov.uk/.../about#what-we-do

www.gov.uk/search?q=legal+aid

The big problem is that you are not 18 - you may not be able to do much more than report her to the council IF she is committing benefits fraud by taking your pay packet AND child benefits.

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Bear in mind that if you end up reporting her to the council for benefits fraud, she isn't going to take it well - you'll need to decide if reporting her is something you want to do. If you have younger brothers and sisters that you care about, she may be able to prevent you from seeing them for example.

I know I'm a total stranger but I want you to know I am horrified at what you are going through. At the very least if you are kicked out of her house the council should be able to find you shelter.

And here's something to think about - if your family is living in council or social housing and she kicks you out she will have to tell the council. If you were in your own room, she will then have to pay the bedroom tax once you leave - you may have to report that to the council before anything is done, btw. I'm sorry to say this but if she is taking your entire pay packet she probably isn't the sort to report to the council that you've been thrown out.

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Please update this if you can. You can always log on at the library. Good luck no matter what happens!

 

Gold Feedback Medal for All Time! 949 Feedbacks
August 20, 20130 found this helpful

Hello, you do not explain what type of "child benefits" your mother receives for you so it is difficult to answer your question. Do you mean she is receiving government assistance, Social Security benefits, or?

Most of the time it would not make any difference as you are still only 17 years old and as long as you are living with your mother she can legally claim you as a dependent. In some cases she may have to report any extra money she receives for your support (such as the "rent" you are paying her).

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Since you know all the particulars about your situation it would be better for you to seek assistance from a local agency that deals with child welfare. Look in your local phone directory for any agency that has to do with children. Give them a call and I believe they will direct you to someone that can answer your questions.

Please do not argue with your mother as you do not know where that will end and she seems to be holding most of the cards right now.

Please remember this: any money your mother receives on your behalf is supposed to be used for your benefit and that does include "housing". The other thing is that if you live on your own then you may be able to petition to receive those benefits yourself. Talk to someone that can tell you where you stand.

 

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