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

kelloggs36

Countryboy wrote: »

Thanks Kelloggs.

PWC has own business, accommodates students in her house and until recently had a partner living with her yet CSA say she has nil assessment. She has told me herself that she is not in receipt of benefits. Can I ask them to do an assessment on her?

The nil assessment may be because the exempt income is more than her net income - if she no longer has a partner, you have lost a huge area where you may have been successful as you could have applied for a variation on the grounds that her partner can contribute towards her housing costs, thus freeing up some of her income to be used in the assessment. Wait until you get your notification as it will state what her income is and then you can decide whether to appeal on the grounds that her income is incorrect.

kelloggs36

What tribunal are you going on about? You need to appeal first, to be able to go to a tribunal. You won't be able to go to a tribunal if you are out of time in your application for appeal - you will have to try and go for a judicial review to overturn the rules regarding appeal times.

kelloggs36

Moth - let's be clear here - when was the decision made against which you wish to appeal? Why are you late in appealling? You can go to a tribunal direct if the appeal is no more than 13 months from the date of decision - if it is then you can of course have it considered BUT the tribunal will only consider the case if you can show exceptional circumstances for the delay. What are your reasons for the delay?

mothballed

Legal aid is secured for trubunal, but I cant (yet) get it for judicial review.

The CSA says I have already appealed one of my grounds and it was dismissed over a year ago. They are still to return to me about whether they will review my other complaint.

I understood I only need ask the CSA for its written final resolution saying it is unable or unwilling to change its mind before I can proceed to tribunal, is that not the case?

mothballed

kelloggs36 wrote: »

What are your reasons for the delay?

The CSA said there are no further grounds for redress and I acepted their comment to be fact. They concealed from me that I had a legal right to challenge their decisions in a trinunal. As I was working fulltime I could not afford paid legal advice. That only came when I made enquiries about signing on and learned that legal aid becomes available to JSA claimants.

kelloggs36

Procedure is as follows: You complete an appeal application form. CSA look and try and revise decision. It refuses to change the decision and notifies you of that fact. You then decide whether to take it to the next step ie the tribunal and tell them of this. It goes to the tribunal who make a decision.

If you don't notify the CSA of your decision to take it further within 12 months, then you cannot go to the tribunal unless you fulfil specific circumstances. You need to establish when the CSA notified you that your application for a revision or appeal had been dismissed or whether it was a tribunal hearing that made the decision. I find it odd that you didn't keep tabs on it by chasing them up to ensure that you could take the matter further. It looks like you sent off the forms, didn't hear anything and did nothing to chase it - if this isnt the case then what evidence do you have that you chased for the decision?

mothballed

Its more than 12 months ago.I can confirm there has been no tribunal as far as I know, is a trinunal a court proceeding that I can atend? or just a private decision-making process takes place within the CSA? You mention about fulfilling specific circumstances, what are they?

I do admit i didnt keep tabs back in 07, I accepted the CSA's word for it. It wasnt until I was speaking to lawyers on an unrelated matter the CSA problem surfaced and was investigated.

kelloggs36

mothballed wrote: »

The CSA said there are no further grounds for redress and I acepted their comment to be fact. They concealed from me that I had a legal right to challenge their decisions in a trinunal. As I was working fulltime I could not afford paid legal advice. That only came when I made enquiries about signing on and learned that legal aid becomes available to JSA claimants.

If you read the how to appeals leaflet which accompanies (is actually attached to) the form you complete, it is all on there, so nobody concealed anything from you!

mothballed

Is there a link to an appeals form? even it its a specimen.

kelloggs36

mothballed wrote: »

Its more than 12 months ago.I can confirm there has been no tribunal as far as I know, is a trinunal a court proceeding that I can atend? or just a private decision-making process takes place within the CSA? You mention about fulfilling specific circumstances, what are they?

I do admit i didnt keep tabs back in 07, I accepted the CSA's word for it. It wasnt until I was speaking to lawyers on an unrelated matter the CSA problem surfaced and was investigated.

You need to complete another appeals form, stating the exact reasons for your delay and ask the CSA to submit to the tribunal service who will notify you if they have accepted the application. It doesn't cost anything.

If they accept the application, you can opt for an oral hearing where you will be invited to attend to state your case, or you can ask for a paper-based hearing where all evidence is considered and the decision notified to you.