Risk of Fraudulent or Misleading Child Benefit Claims in High-Conflict Co-Parenting Situations

This article is intended to inform and caution parents who may be at risk of continuing child maintenance payments beyond the legally required period due to potentially fraudulent or misleading claims by the receiving parent regarding Child Benefit eligibility.

According to official UK government guidance (GOV.UK – Child Benefit for children aged 16 to 19), Child Benefit payments cease when a child turns 16, unless the child continues in approved education or training. For payments to continue, the receiving parent must notify HMRC of:

The name of the education or training provider

The expected course start date and duration

The type of course (e.g. A-levels, T-levels, BTECs)

Importantly, Child Benefit stops when a child begins university-level education, as this does not qualify as “approved education” under HMRC guidelines.

Risk of Misuse

In high-conflict co-parenting scenarios, the system may be open to misuse, given the following realities:

HMRC relies solely on the receiving parent's declaration to assess eligibility for Child Benefit post-16.

There is no automated, real-time verification of the child’s actual educational status by HMRC.

As a result, a parent could falsely declare that a child is enrolled in a qualifying college course to continue receiving Child Benefit—potentially influencing child maintenance calculations.

Such actions constitute benefit fraud. If discovered, HMRC may reclaim overpayments, issue fines, and potentially prosecute.

Potential Loopholes and Checks

False College Claims: A parent might claim the child is attending an eligible college course while the child is ineligible or attending university. While such claims might pass initial processing, they are not foolproof:

HMRC systems may not flag the discrepancy immediately.

Periodic data checks with UCAS, DfE, or the institution may expose the fraud.

Random or suspicion-based audits can trigger detailed investigations.

Dual Enrolment Claims: While rare, it is technically possible for a student to be enrolled in both a university and a further education college. If only the college enrolment is disclosed, the system might temporarily continue Child Benefit payments. It is possible because universities and colleges report enrolment data to different bodies.

However:  HMRC has the ability to cross-reference enrolment data and flag inconsistencies.

Manual Verification Still Relied Upon:

HMRC does not receive daily attendance data.

Confirmation is often based on parental declarations unless irregularities are flagged.

Why the System Is Vulnerable

Due to:

Fragmented data systems across HMRC, DfE, ESFA, and UCAS

Strict data privacy regulations (e.g. GDPR)

Non-centralised verification methods

…it is possible for fraudulent or misleading claims to go undetected temporarily.

Colleges themselves benefit financially if a student remains enrolled for at least six weeks, after which government funding is secured for the academic year. As such, they may retain students on roll even with minimal attendance during that period.

What You Can Do

If you suspect Child Benefit is being claimed dishonestly or that you are paying child support based on false declarations, you may report this anonymously via:

Online: https://www.gov.uk/report-benefit-fraud

Telephone: 0800 854 440 (Mon–Fri, 8am–6pm)

Post:

National Benefit Fraud Hotline

Mail Handling Site A

Wolverhampton

WV98 2BP

United Kingdom

Many parents dealing with this kind of issue don’t have the resources for lawyers, but still need to protect themselves.

Here’s practical advice specifically for low-income or self-representing parents in the UK (follow this link ) 

Economic abuse and the law: England and Wales

More articles with UK Legal Guidance for High-Conflict Post-Separation Parenting:

Legal rights of non-resident parents regarding access to their child's educational information: what schools are required to provide, and what they are permitted to withhold.

Am I legally obliged to disclose my home address to the other parent?

Can my co-parent legally restrict a stepparent’s involvement in child-related events or access to information?

If a pregnancy occurred without my consent, am I still legally responsible for the child?

If my ex-partner prevents me from seeing the children, am I still required to pay child maintenance?

Is it possible to create a legally binding agreement stating that I am only a sperm donor, and that the mother cannot later seek child maintenance or apply for a child arrangements order through the family court?