Is CSA1 an exact science? (if so where can I get a copy of the formula) -merged-

mothballed

kelloggs36 wrote: »

Ignorance is no defence in law so you can't claim that you didn't know

While that much is true. But the CSA has taken advantage of NRP's lack of knowledge on CSA protocol to make an unlawful financial gain for itself. I am learning this actually commits a criminal offence under Section 2 of the Fraud Act 2006, unfortunately the CPS would never charge any CEO with fraud even though there is substantial evidence to support it and proof the money transfer did actually take place.

The CSA should not behave as though the NRP has a law degree. It was a simple plain-English letter asking for an appeal and the CSA failed to delivered the goods and enabled me to proceed to tribunal. Simple as that.

mothballed

kelloggs36 wrote: »

You always have the right of appeal but if you don't appeal in the timescales,

Without your help - so credit where credits due. I thought an appeal was a court hearing appealing against a decision or mistake by the CSA. I thought it would be at least, something a little more kosher than someone in the CSA saying yay or nay.

I think I had confused a Trinunal to be the appeal I was looking for.

Loopy_Girl

I have requested 3 appeals through the CSA. It's there in black and white what to do if you wish to appeal, also encloses a leaflet on the procedure and quite clearly states the time limit in which you must do it.

Maybe some people just don't want to see where the information is and blatantly ignore it and then try and whine about it later.

I wouldn't say the CSA is trying not to make it's protocol clear.:rolleyes:

Mind you, perhaps I have a few more brain cells

mothballed

kelloggs36 wrote: »

The CSA do not make or pass legislation - ministers and law lords do that I believe but certainly not CSA staff!!

Ive just put this to an expert. I dont think Ive suggested CSA "staff" pass any legislation, they just execute it. The CSA has a power as an executive agency to pass secondary legislation under a power given to it under primary legislation.

An example of primary legislation is the Child Support Act 1991. An example of secondary legislaiton is The Child Support (Collection and Enforcement) Regulations 1992 and subsequent amendments.

Subsequent legislation cannot subvert any primary legislation and if this happens, an aggrieved party can ask for a judicial review to nullify the action of the executive agency that is incompatible with any primary legislation.

Interestingly this includes Regulation 5(2) of the The Child Support (Miscellaneous Amendments) Regulations 2006 where it subverts Section 2 of the Limitation Act 1980 which prescribes a time limit of 6 years (England) and the aggrieved party can ask for a judicial review to restore that limit.

kelloggs36

mothballed wrote: »

Its Section 6 of the Human Rights Act 1998.

I know the CSA doesnt like it, but its still an Act of Parliament nevertheless and no CSA secondary legislation can rebuke any Act of Parliamant unless it has been repealed by that legislation.

This means time limits only applies to appeals for which the outcome is decided within the CSA itself. There are no time limits for an NRP to move a case up to tribunal.

What does section 6 of the HRA say - I have a feeling that you are confused of its meaning.

Sensemaya

Mothballed

Have you spoken to SL yet?

mothballed

Havnt spoken to SL yet, I am currently using the lawyer who advised me on my farm business. Been very helpful by consulting through his legal connections to get necessary advice. I dont yet know if he can take on a tribunal, he may use an expert for this - but its all 100% legal aid.

Been an update. The Council has accepted my claim for housing benefit and CTB using the same tenancy agreement rejected by CSA. With an income of £60.50 a week, rent and tax paid, it had proven work really doesn't pay - with the C-essay!

More fool them!

mothballed

kelloggs36 wrote: »

What does section 6 of the HRA say - I have a feeling that you are confused of its meaning.

It says:

(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

A Convention right says:

In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

It means the CSA has a right to reject an appeal because its out of time. If that is the CSA's final position then the aggieved party can have his case tried by an independent trubinal.

It is understood that tribunal wll always take primary legislation over secondary legislation (the same as a judicial review). Afforded by this mornings housing benefit letter its clear where this case is going.

LizzieS_2

mothballed wrote:

It says:

Quote:
(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

It also says

(2) Subsection (1) does not apply to an act if—
(a)
as the result of one or more provisions of primary legislation, the authority could not have acted differently; or

(b)
in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions.

Your claim will fail as you yourself failed to adhere to the time limits set in legislation for appeal.

Loopy_Girl

Housing benefit claims must be a super quick turnaround in his area......considering the turnaround is generally about 3 weeks (and not taking into account the current financial climate where I would imagine they will be snowed under) and yet the OP manages to get a letter within the first full week back at work for the councils and DWP after deciding to put himself on benefit on the 30 Dec...jeezo..:rolleyes: