Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

[Inca]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Sorry if I sound thick but what exactly is he appealing to Tribunal about?
Do you have a rough figure of how much he is in arrears to Mother 3?
Why has she dropped the claim? Have they come to a private arrangement?
I'm only asking cos these things have a nasty habit of jumping up and biting folks on the arse ,,he must get everything (including the arrears payments) in writing..as you can already see,,CSA isn't the quickest agency,,they do like to take their time.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Appealing to the tribunal because CSA placed child 3 born 2013 under the 2003 regulations. This meant that child 2 who he has a family based arrangement for, will not be taken into consideration, that's what the 2003 regulations say.

Do not know how much the arrears are. Letter from CSA says. "However, as you still owe arrears we will continue to collect arrears payments from you.
Your next payment due on 20-03-2014 is for £89.27. This amount includes your final regular payment of £67.00 plus £22.27 towards the arrears you owe.
Following this, you are legally required to make payments of £22.27 Weekly towards your outstanding arrears.

Letter sent in reply. Asks, I require a full breakdown of your so called arrears, please advise me of any arrears for child 1 as per your mandatory reconsideration. I need the amounts and dates that the arrears refer to, this information will be needed by the tribunal.
My Daughter, child 2 should have been included in the Mandatory reconsideration, your agency already had her information before this date, you chose not to consider her, instead, asking me to register her once again under the 2012 scheme.
Son phoned CSA yesterday late afternoon to find out what is going on?
Informed that it is the CSA who have now closed his case under 2003 regulations, and are now going to re open it under 2012 regulations.
In my opinion, the CSA got this wrong right from the start, child 2 should have been included into 2012 scheme together with child 3. Their assessment was wrong, their arrears figure will also be wrong. Hopefully a tribunal can sort this mess out.

[Inca]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Oooh I get it now,,,sorry,,am a bit under the weather and my few brain cells are struggling to cope...lol

I agree with you,,i can't see why child 2 wasn't included,Private arrangement or not,he;s still paying £50 a week (please tell me he has proof he is paying this)
And yes..push for a breakdown of their 'arrears' status.......it's an odd amount they are requesting weekly.
The only bit I don't get is why Mum 3 has dropped the case,,or are they just reassessing and will be chasing him for money as per 2012 regs?

Now I understand the tribunal,,,,and let's hope they can sort the whole mess out for you.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Mother of child 3 did not drop the case. CSA have dropped the case under 2003 regulations and are going to 're open under 2012 regulations, as they should have done from the start. So all figures going back to last year WILL be wrong!
Regarding payment to mother of child 2, I do the payment by Bac's every month.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

This case continues, letter from tribunal now regarding appeal against mother of child number 1. This case was closed last December, really don't want to get her involved. The CSA wrote to say case closed for child number 3 in March. Turns out that as son had requested that child number 2 be taken into the calculations, they closed case under one set of regulations, and re-opened it without informing my son, they say that he withdrew the application? He has now had to re apply to have child 2 taken into consideration, arrears now getting out of hand.

Looking at the Statutory Instruments 2012 No. 3042 (C.122) and 2013 No. 1860 (C.79) it appears that the CSA did in fact comply with the regulations by placing child number 3 onto the old 2003 scheme, child number 2 would not be taken into consideration under these rules unless an application was received from the mother. Now that they are asking to include mother of child number 1 in the tribunal, is it likely that they will try to go back many years and look at what the calculations should have been. The CSA did not re-assess maintenance in the case for over 7 years.

Question. Do I tell son to drop the tribunal case and wait for CSA to sort out the correct figures, or does he risk going to tribunal, losing case and ending up with a much larger chunk of arrears to pay.
Can CSA review a closed case, or is this still a live case as tribunal involved.

Help please.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Submitted reply to 67 pages from CSA to the tribunal today. Answered every section. I cannot believe that this agency are still funded by the taxpayer. They haven't got a clue what they are doing!
I had a phone call today, they have looked at latest tax return and have now issued a new figure that my son has to pay, not £67 a week but £35 a week, I asked is this for 2 children? No, only child no 3. What about daughter? Child no 2, Not been asked to do that, This is a complicated case and there are 3 other case workers involved. So 10 months later, they have still not taken my granddaughter into account! I cannot believe their incompetence.
How do I go about doing a subject access request to this lot!
Help please.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Just been reading Child Maintenance Arrears & Compliance Strategy 2012 -2017. Some interesting points raised.
Selling Debt.
A "soft market" exercise took place which showed that debt company's would be interested in buying Child Maintenance Debt, but at a very low cost (around 4 to 7%)

Real or Not Real
The Independent Advisory Panel on arrears regarded around £900 million of debt as "not real"

As in my son's case, the CSA decide an inaccurate maintenance payment, report it as a debt, then they can "abuse" their powers to enforce a debt that is "not real".

Amazing that they are allowed to get away with it!

[Inca]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Has your son had the Tribunal yet??
(sorry,,sort of abandoned you,,holiday and health got in the way)

[PlanB]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

This is a complicated case and there are 3 other case workers involved. So 10 months later, they have still not taken my granddaughter into account! I cannot believe their incompetence.

Has your son considered making a complaint to the Parliamentary and Health Service Ombudsman? The CSA has effectively closed down (no new cases from November 2013) and has been replaced by the Child Maintenance Service which functions in a completely different way, but you can still make complaints about the CSA to the Ombudsman.

Here's an example of one complaint of poor service which was upheld with a modest amount of compensation.

http://www.ombudsman.org.uk/reports-...hings-right/12

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

More on their arrears strategy.
Credit Reference Information.
4. In addition, the Child Support Act 2008 provides the powers to disclose information about the paying parent to credit reference agencies. This activity could directly impact on a clients credit score and is likely to be of interest to the self employed parent who often relies on credit to run their business.

I see this as a "veiled" threat to the self employed, pay us whatever we demand or we WILL trash your credit rating and put you out of business!

If they do report an "alleged" debt, that is still subject to a tribunal ruling, would the self employed have any redress against the CSA?

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Tribunal in a few weeks time. Will post with results. Thanks Inca.

[PlanB]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

As in my son's case, the CSA decide an inaccurate maintenance payment, report it as a debt, then they can "abuse" their powers to enforce a debt that is "not real".

Amazing that they are allowed to get away with it!

The CSA cannot enforce a debt which is "not real". That's what Tribunals are for, to establish exactly who owes what and why. If he doesn't like the Tribunal's Decision then he can appeal it.

Try not to see this as a political battle, but a way to get children the money they deserve in order to live a happy life. Courts and Tribunals focus only on the welfare of children. The parents are less relevant.

The new system actually penalizes (financially) parents who don't come to an arrangement between themselves without the need for *the State* to intervene or referee. I welcome these reforms. Is there any chance your son could come to an amicable agreement with the mothers of his children to sidestep all this agro?

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Thanks for the reply Plan B.
My son came to a Family based arrangement with Mother of child 2 many years ago, far more than the CSA would have awarded, this is paid monthly.

Latest Mother wanted £800 a month, as verified by her own submission to tribunal, a ridiculous sum, that's why the CSA are involved. However the CSA refused to take his Family based arrangement into account. They also refused to accept his income figures from the Partnership's chartered accountant. He continues to pay the new mother, the figures that we consider should be accepted by the tribunal.

[Inca]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Is he,by any chance,paying Mum 3 the same amount as he's been paying Mum 2?..
Please remind me,,what does Mum 1 get and is that voluntary?

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Mum 1 withdrew her case, child one was not actually living with her. Mum 2 £200 a month. Mum 3 £196 a month.