csa not including child tax credit - when??

stressed_eric_4 · 27 May 2009 at 5:56PM

Hi wonder if anyone can help me, when does the new csa start (cmec??) that does not include any child tax credit or working tax credit as income for the nrp. does this mean that if it is included now from the set date all cases should be re-assessed?? if not automatically assessed could the nrp/pwc request this or is it the case as it is now with csa 1 and csa 2 - if you are not a new case on the csa 3 (cmec) it will be included for ever!!!

thanks for your help in advance

e.

bdt1 · 28 May 2009 at 9:04AM

I may be wrong, but was of the belief that under NO assessment should child tax credit, working tax credit or child benefit be used as assessable income for the NRP

stressed_eric_4 · 28 May 2009 at 9:16AM

yes, the child tax credit is always included, but the working tax credit can be all none or 50% depending upon whose the main earner, wrong i know the pwc has thier own ctc/wtc and the nrp gets the ctc/wtc because they are on a low income!!!

bdt1 · 28 May 2009 at 9:23AM

Kelloggs will best advise you, or others like her, but again in my experience under no circumstances on CS1 or CS2 are the child tax credits, working tax credits ever used in the assessable income of the NRP, if they are in your case you need to appeal against the assessment and have it reviewed as they cannot use these monies in the assessment. We have lengthy experience of this, and have a Tribunal pending for this very issue, CSA Appeals Dept have agreed with us that their assessment is incorrect, in our case they used child benefit, child tax credits, CSA monies for step-children and NRPP company expenses all lumped on top of NRP income in assessment. CSA Appeals agree under no circumstances on CS1 , or even CS2 as I ama aware, can any of these monies be included in assessment - as said before you maybe need to start the ball rolling with an appeal. Good luck

kelloggs36 · 28 May 2009 at 9:32AM

bdt1 I'm afraid you are incorrect. Under CS1 the tax credits are used in the protected income part of the calculation. In CS2 ALL child tax credits are included as the NRP's income, and working tax credits are all included too if the NRP is the higher earner of the household, half if they earn the same as their partner, and none if the partner is the main earner. It is all included in the legislation.

kelloggs36 · 28 May 2009 at 9:35AM

They cannot use Child Benefit nor can they use CSA money received from another case as income. Under CS1 the Child Benefit is only considered to be income of the NRPP and is therefore classed as part of the household disposable income. Any child maintenance NOT paid via the CSA (ie a private agreement) to the NRPP IS included as part of the NRPP income and forms part of the overall household income, but it CANNOT be included if it is CSA maintenance.

stressed_eric_4 · 28 May 2009 at 9:36AM

that's what i thought kellogs but when is the new legislation coming in whereby it's not included and from this date can the nrp request a review under the new legislation or is it the same as now, tough (eg csa 1 cases can not go to csa 2 unless the pwc closes the case down or theres linking) thanks

kelloggs36 · 28 May 2009 at 9:36AM

StressedEric, it will only be CS3 cases which are calculated in this way. I don't know at this stage whether they plan to move all cases over - if it is anything like last time, they won't!

stressed_eric_4 · 28 May 2009 at 9:41AM

thanks kellogs that's what i thought, at the moment they are not including ours - they didn't ask us so we didn't tell them!! but they do include it on my friends and this causes problems between him and his new wife - the old thats money for our children etc which i fully agree with so i said i'd try and find out when they can ask for it to be re-assessed. if they ever re-assess ours and realise i will be appealing if they try to backdate it to the original claim, due to the fact it was not our fault it was theirs plus we never completed a signed claim form it was all done over the phone!

bdt1 · 28 May 2009 at 12:06PM

Crikey - thanks for that I stand corrected!

kelloggs36 · 28 May 2009 at 1:21PM

Stressederic, it won't matter if it wasn't anybody's fault - if they correct it, you will have to pay the arrears. Just put some extra aside just incase that does happen!