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07 December 2012
Issue: 7541 / Categories: Case law , Judicial line , In Court
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Lit over split

Can a dispute between parents about how they divide child benefit between them be resolved...

Can a dispute between parents about how they divide child benefit between them (where one of them will not accept a determination by HMRC) be resolved by way of a specific issue application under the Children Act 1989 if they so consent?

The court would have to be satisfied that the dispute involved an aspect of parental responsibility which means “all the rights, duties, powers, responsibilities...which by law a parent has in relation to the child and his property” (s 3(1) of the Children Act 1989). There are arguments both ways as to whether this would embrace a child benefit dispute. The child benefit is not the child’s property as it belongs to the parents. On the other hand, payment to one parent in a shared residence situation may cause hardship to the other party and it could be of benefit to the child for the court to be able to make a determination. Depending on the circumstances, an appropriate alternative might be an application for financial provision under Sch

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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