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Child benefit for my partners sister

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  • 01-09-2016 10:56am
    #1
    Registered Users Posts: 6


    My partner and i took his sister in this year due to many really bad circumstances. We have had no help with cash or anything for her since she moved in. Her mother is still claiming benefits for her as shes in leaving cert this year we had no funds to buy her books, copys, exam papers ect. My partner is attending a diploma school this year also so we have to pay for that to and finding it hard. Can anyone let me know what our rights are as it really bothers me that shes still get a loan parent and child benefit payment for her since january and hasnt supported her at all. I only work part time and my partner doesnt work as hes concentrating on his studies so only gets a back to education allowance we have to pay our rent which is €650 a month along with our eletric, internet, tv, shopping and then things for my partners sister. Its very hard but i dont know what to do?!
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Comments

  • Registered Users Posts: 2,457 ✭✭✭livedadream


    Can you report to the social welfare in regards to the payment?

    are you her guardian or is it just a loose arrangement?

    I know its tough to think of getting her in trouble but if you approach them and say look we've taken her in but we cant get the PPS card or whatever off her shes still claiming that she lives with her but we are struggling.

    either that or engage a solicitor, its messy and you may not have the funds.

    I think the most important thing is to make sure the child doesnt feel like its her fault or that shes a burden or anything, you have done a very good thing. hopefully it will work out for you.


  • Registered Users Posts: 1,942 ✭✭✭Conall Cernach


    Child Benefit is only paid to a parent or legal guardian of a child. In the case of an unmarried mother only the mother has automatic guardianship. unmarried fathers only get automatic guardianship if they've been living with the mother for 12 months. For someone else to apply for guardianship they have to be able to prove that they have looked after the child for 12 months.

    The mother can nominate a temporary guardian but this has to be done through the courts so unless she agrees to it there isn't much you can do.*

    *I'm not a solicitor so this is only my opinion,


  • Registered Users Posts: 2,655 ✭✭✭draiochtanois


    This post has been deleted.


  • Administrators Posts: 14,032 Admin ✭✭✭✭✭Big Bag of Chips


    It's not clear whether you have approached the mother and asked her. If you have and she is not forthcoming you will have to apply to court. You can get a solicitor, or you can represent yourselves. Have you contacted Tusla? It might be worth a phone call. They will be able to advise and direct You.


  • Closed Accounts Posts: 4,990 ✭✭✭nhunter100


    Cuppateaxo wrote:
    My partner and i took his sister in this year due to many really bad circumstances. We have had no help with cash or anything for her since she moved in. Her mother is still claiming benefits for her as shes in leaving cert this year we had no funds to buy her books, copys, exam papers ect. My partner is attending a diploma school this year also so we have to pay for that to and finding it hard. Can anyone let me know what our rights are as it really bothers me that shes still get a loan parent and child benefit payment for her since january and hasnt supported her at all. I only work part time and my partner doesnt work as hes concentrating on his studies so only gets a back to education allowance we have to pay our rent which is €650 a month along with our eletric, internet, tv, shopping and then things for my partners sister. Its very hard but i dont know what to do?!


    Is your situation an informal one? Contact social services. Your partner may be able to foster his sister.


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  • Registered Users Posts: 6 Cuppateaxo


    Basically she came to us in feburary as her mother is not in her right mind and has tried to take her own life 3 times since xmas. My partner or his sister dont talk to her at all as she is constantly abusing us and calling to our house at 7-8am banging on the door demanding they speak to her. Her youngest daughter has ran away a few times now and we have had to take her in to but shes alot younger so we had no choice but to give her back. However today we were informed that she has now reported our house for drug and alcohol abuse and said we are not a safe enviroment for her daughters. This is complete lies. My partner raised all the kids from a very young age as she had depression so she never liked me for taking him away from her.


  • Closed Accounts Posts: 23,862 ✭✭✭✭January


    You need to contact social services immediately and have the children fostered with you. Social services will assess you and find the allegations are lies pretty quickly.


  • Registered Users Posts: 6 Cuppateaxo


    To be honest none of this is my style. I was brought up by a great mother and father and always felt loved. My partner has a different dad to the kids and he always says to me that he feels thats why shes like this towards him. She used to smack him across the face out of the blue and when he'd ask why she would say because he looks like his dad. I have no problem with anyone coming to asses my house because im not hiding anything, i have never touched a drug in my life and only drink on birthdays and xmas purely because its all i can afford but it just bothers me that shes hurting her own kids so much. I never knew parents like this exsisted. Thanks for all the help. We are thinking of reporting to social welfare and maybe starting a protectiom order case.


  • Administrators Posts: 14,032 Admin ✭✭✭✭✭Big Bag of Chips


    Where are the other kids' dad(s)? You could also look to him for maintenance. I think you really need to contact Tusla.


  • Registered Users Posts: 440 ✭✭bisset


    If this young person would be at risk if she returned to her mother's care you need to contact Tusla. Lots of people who are not legal guardians receive child benefit but the social welfare office will need to interview the mother first .


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  • Registered Users Posts: 2,337 ✭✭✭Loveinapril


    Tusla can support you in what they call an 'informal arrangement'. The mother would have to put the child into care for you to actually foster her. How old is his sister? Depending on the age of the child, they may be happy to just fund the private arrangement for a few years. It is all discretionary though, but you should certainly call your local fostering duty social work team in the morning.


  • Registered Users Posts: 6 Cuppateaxo


    There dad is still in there lives but unfortunately due to the circumstances of the mother he also had to leave the home and is also now struggling money wise as she is demanding up to €300 per week. The child is 17


  • Registered Users Posts: 2,337 ✭✭✭Loveinapril


    Cuppateaxo wrote: »
    There dad is still in there lives but unfortunately due to the circumstances of the mother he also had to leave the home and is also now struggling money wise as she is demanding up to €300 per week. The child is 17

    When is she 18? The window of you sorting out an arrangement regarding payments narrows with every day, unfortunatly. Get onto Tusla tomorrow! They are often okay with letting things like this plod along then at 18 they can easily say 'she is no longer a child, not our issue'.


  • Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    I dunno what to say OP, you deserve all the help you can get (more than 'deserve'.. you're entitled). It might be a case of scattergun approach with as many services (and charities!) that you can think of, go for it, that's what they are there for and that's what you and I pay our taxes/donations for. Even talk to local TD's if you can, they might be aware of who to go to. A quiet word with the school too, to let them know that the sister is up against it with home situation (if she's still in school).

    As you say 'none of this is my style' but I guess when you become close to another person you gotta take the good times with the bad (i.e. the family situation) and this has probably been an eye opener for you, you'll be stronger as a result of it. It wont last forever, and once your partner's sister eventually gets on her own feet, you should feel proud that you were there to lend a hand in whatever way you could.


  • Registered Users Posts: 6 Cuppateaxo


    The money doesnt really bother me to much in the sense of id leave myself to give it to the child but it bothers me that shes claiming to be mother of the century and getting a payment for anchild that she hasnt so much as given a phone call to in nearly a year. The school are aware of all circumstances of the situation because theres 2 other girls in the house also. We have the younger child now and again to because she doesnt like living with the mother. She ran away a couple a while ago and was hiding in anderelict house miles from the home. We went and got her because she called my partner to come that she was scared. When we got there she was soaking, freezing and inconsolable. We were reported for kidnapping her and spent a full day in the station before the gardai realised the situation. We got to take her home and also had her for nearly 3 weeks also with no phone calls or money. It is a struggle but as i said id feed the kids before me. Its very frustrating cause ive never known a situation like this before and im literally at a loss what to do


  • Administrators Posts: 14,032 Admin ✭✭✭✭✭Big Bag of Chips


    You've been given lots of advice, OP. I know it's unknown territory for you but that is why there are services there to help and assist you. Call Tulsa onMonday morning as a starting point. Nobody is going to come looking for you to offer you assistance. You (you and your partner) are going to have to chase it. And continue to chase it until someone helps those children.


  • Registered Users Posts: 1,077 ✭✭✭percy212


    You could also try your community welfare officer. They may be able to offer some assistance and can definitely advise on what might be available to you. St Vincent De Paul can be very helpful for assistance with food and household items on short notice.


  • Registered Users Posts: 6 Cuppateaxo


    Ya we called a sw officer yesterday so we're on the road to it anyway at least. We're going to call tulsa and social welfare on monday and hopefully get it sorted. Money means nothing to me over the safety of the kids so thats my 1st protocol. Thanks for all the help we both appreciate it


  • Registered Users Posts: 2,337 ✭✭✭Loveinapril


    Tusla will provide you with support for this too. They should be your first port of call as the CWO will need evidence of the new situation before giving over any money. The fact that the mother is claiming Children's Allowance is annoying, yes, but it really is not the important thing here. The kids need stability, and if the social workers see fit, they may look for the younger child/ children to be placed in your care. But you HAVE to phone Tusla.


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