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Urgent Advice Needed please....
NikNox
Posts: 347 Forumite
Hi all,
I am writing on behalf of my husband. His ex is in receipt of benefits and he's always paid via the CSA. Last year when the rules changed, she threatened him with reassessment unless he agreed to a private arrangement of £20 pw, being the maximum amount she could receive. Anyway, we made a couple of payments to her via Direct Debit before being told that she had to cancel the CSA case first. So, we wrote to her and requested that she contact the CSA and close the case before the private arrangement could resume again.
Just been told that apparently when she phoned the CSA to close the case they told her that they would not close it, but would reassess my husband instead. He has received a letter today wanting details. She swears blind she asked them to close the case, but said they told her they want to reassess him to see if he owes them any arrears.
Is this right? Can they insist on reassessment even if she's asked for the case to be closed?
Urgent advice please, as we want to know if she's telling the truth, and if she is where to go from here.
Many thanks.
I am writing on behalf of my husband. His ex is in receipt of benefits and he's always paid via the CSA. Last year when the rules changed, she threatened him with reassessment unless he agreed to a private arrangement of £20 pw, being the maximum amount she could receive. Anyway, we made a couple of payments to her via Direct Debit before being told that she had to cancel the CSA case first. So, we wrote to her and requested that she contact the CSA and close the case before the private arrangement could resume again.
Just been told that apparently when she phoned the CSA to close the case they told her that they would not close it, but would reassess my husband instead. He has received a letter today wanting details. She swears blind she asked them to close the case, but said they told her they want to reassess him to see if he owes them any arrears.
Is this right? Can they insist on reassessment even if she's asked for the case to be closed?
Urgent advice please, as we want to know if she's telling the truth, and if she is where to go from here.
Many thanks.
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Comments
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Hello NikNox, i remember you from a certain other forum. A right nasty piece of work your husbands ex was if i remember rightly.
She has the choice to close it. She is lying.0 -
She is a nasty piece of work, you're right. And the other forum is closed .. again!! My hubby is in a right panic! Just been told on another site though that because she is in receipt of benefits then the CSA can in fact chase him for arrears even if she wants the case closed. Cannot quite believe that to be honest. Need clarification, so where's Kelloggs!!0
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A case can be closed a PWC request however, if arrears are owed then they will be payable particularly if owed to secretary of state (which if she is on benefits will be the case). The rules have changed in respect of ongoing maintenance, ie benefits cases can now be closed but arrears will still be chased as they are owed to secretary of state.0
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Hi Kelloggs, just sent you a PM!!
So, she can request that the case is close but the CSA can just decide to reassess to see if any arrears are owed to them?0 -
He can only have arrears from the time the reassessment was requested by the PWC.
She is lying, which given her track record should come as no surprise !
The whole point of the changes was to make it more flexible for benefit " clients".0 -
Also Kelloggs, if no reassessment has been asked for by her and it's the CSA deciding to reassess, when would they want arrears from?0
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He can only have arrears from the time the reassessment was requested by the PWC.
She is lying, which given her track record should come as no surprise !
The whole point of the changes was to make it more flexible for benefit " clients".
Thing is, he changed his job 3 years ago and was earning more than from when he was originally assessed when she started the claim, so theoretically he should have informed the CSA 3 years ago that he was earning more money. Will that make a difference?0 -
Thing is, he changed his job 3 years ago and was earning more than from when he was originally assessed when she started the claim, so theoretically he should have informed the CSA 3 years ago that he was earning more money. Will that make a difference?
As long as he is not paying by DEO he has no obligation to inform them. He only has to comply with requests for payslips etc.0 -
Right, no DEO in place, thankfully. So, if he sends them payslips and answers their question about how long he has been with his present employer (3 years), ALL they can do is request arrears from when the PWC phoned them, which was a couple of weeks ago apparently? Sorry to harp on for all this clarification, but my hubby is really confused, and really worried. Thanks.0
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they changed the rules from 27th oct 2008 so that she would have the power to close down this case if she wants, so if if its only a couple of weeks she made them aware then they would not backdate anything before that and the money would be payable to her.
she would just have to decalare it to the benefits agency. sounds to me like she is keeping it open to see what she can get.
If she wanted to she could have it closed down tomorrow.0
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