Family Rights Group | Kinship carers’ Forum

So from the top.
My sister was diagnosed with a terminal brain tumor some years ago,after the operation to remove it she became unable to care for her son,he had stopped going to school and getting into bad crowds,he was removed from her and placed in my care,I was given an SGO for him.
Also of course I started claiming child benefit,this was around 4 years ago.
My nephew stays with her on the weekends ( saturday morning through to sunday evening),my sister is now complaining that he eats her food and is telling me shes going to claim child benefit for him,I'm pretty sure she has ZERO grounds to do so seeing how he doesn't even live with her.

Can anyone advise please? as far as I'm aware if he doesn't spend more than 52 days in a 16 week period with her then she has no claim

She has no claim as you say but possibly thinks they will split it giving her two days worth. (They will not).

Thank you,this puts my mind at ease

When the mum of one of our grandson's we cared for under a residence order tried to claim as she had him one weekend a month, DWP wrote to ask us if we no longer had care of the child. You might consider ringing them with the reference number and advise them that Mum says she is going to claim, and pointing out the current arrangements and that you have a SGO. That may stop any claim in it's tracks and save some angst.

damn I need to find out my official court document for the SGO, can't remember where I put it

Only if they ask for a copy. I don't recollect them questioning whether we had a residence order albeit a good few years back. I just told them the name of the court that had made the order I think.

Thanks for all the info ^_^
I'm going to try the nice approach and just talk to my sister before I do anything,but if shes still being stubborn then I'll just have to let her make a fool of herself

ABInormal wrote: Thu Jul 04, 2024 8:37 am So from the top.
My sister was diagnosed with a terminal brain tumor some years ago,after the operation to remove it she became unable to care for her son,he had stopped going to school and getting into bad crowds,he was removed from her and placed in my care,I was given an SGO for him.
Also of course I started claiming child benefit,this was around 4 years ago.
My nephew stays with her on the weekends ( saturday morning through to sunday evening),my sister is now complaining that he eats her food and is telling me shes going to claim child benefit for him,I'm pretty sure she has ZERO grounds to do so seeing how he doesn't even live with her.

Can anyone advise please? as far as I'm aware if he doesn't spend more than 52 days in a 16 week period with her then she has no claim

Dear ABInormal

Thank you for posting on the kinship carers’ forum.

I see from your post that you are concerned that you sister, the mother of your nephew, for whom you have a special guardianship order (SGO), intends to apply for his child benefit because he spends Saturday and Sunday with her. Is this arrangement under a court order or agreed between yourselves?

Although her son is having contact overnight, I do not believe this will count as him living with her for child benefit purposes. The best course would be to contact Child Benefit agency to ask whether she would be entitled to child benefit which I suggest is unlikely. Your nephew lives with you.

Here is an advice sheet from our website relating to welfare benefits for kinship carers including child benefit. I think the information in this advice sheet should clarify the position. Speaking with your sister about her intention to claim child benefit may help.

As contact is for your nephew’s benefit if it will help with contact especially if he enjoys time with his mother, you may be able to agree a way forward. Would you be willing to assist her financially or otherwise whilst your nephew is with her if she is finding it difficult to fund contact?

Hope you are both able to resolve the situation.

Best wishes

Suzie