CSA investigating my mum because little bro goes to boarding school abroad - help me

foi1983

Somebody, please help me. I am in a state and I don’t know what to do.

Basically, I’ve just had my mum on the phone crying because the CSA has phoned her to say they are investigating her.

They said my dad has made a complaint that he shouldn’t be paying maintenance because my brother goes to a boarding school aboard and my mum has no intention of bringing him back.

This is not true. This is the true story:

Three years ago, my 13 year old brother was getting into trouble at school. He was expelled and was sent to a special centre. He is not a bad child, he just couldn’t deal with my parents divorce and not seeing my dad. My mum is also not around much and I know this affected him.

My mum sent him to a boarding school with a view to him returning when he is 16 (which he is now). He will be coming back in July and has been there for 3 years.

My mum has made sure that she has brought him back to the UK at least once a year since then so he can retain his British citizenship and still be treated as a home student for college and university.

My mum is in a state. Can someone advise me? Does she have to pay it all back? I don’t see what the problem is? She is paying his school fees and still has to pay for his upkeep. Why can she not get maintenance?

Please help me!

furrybloke

Who pays for the schooling?

foi1983

She pays for it. She does get child tax credits I think.

She has just told me that he pays £45 per month and hasnt paid anything simce the middle of last year. He is claiming he wants back 3 years woRth of payments. This come to £1,620. I know this may not seem a lot but my mum basically raised us on her own, paid the mortgage, paid the bills, put up for his adulterous ways whilst they were married. HOW DARE HE?

My brother is 15 years of age. She pays nearly 5k worth of fees and upkeep a year. Hows does 5k a year compare to the £540 that my dad gives her?

I am sorry for the ranting.

sarflee

I'm sure the magic thing is whether child benefit is received for the child, legitimately. If so, I would think CSA is definitely payable.

Why would he want to get your mother in trouble for the sake of £45pm. Obviously I don't know any other details, but it seems a sad thing to do.

foi1983

She still receives child benefit.

The home office told her that he can still claim this even though he schools abroad.

Why would she not be able to claim child benefit. He is still her child and she pays for his schooling. He comes to the UK twice a year so he can still be considered as a home student when he returns.

Can anyone advise me who is eleigible for child benefit? Does the child have to be schooled in this country?

sarflee

Apologies, how that was worded wasn't how I meant it and as far as I am aware child benefit can be claimed for a child, temporarily abroad, in an EEA country or Switzerland.

foi1983

Sorry sarflee (sp). I hope I didnt sound agrresive. That was not the case.

I cannot believe my awol dad would do this. I am in shock. My mum's in tears and I am barely trying to hold it together as I am at work. I just want to run to the toilets and cry.

Do you have a link to where it says that they can claim child benefit even if they are temporarily absent from the country.

Another thing is that my brother is now saying that he may want to live over there permanently. How will that affect the child benefit and maintence payments?

SuziQ

How would he support himself if he stays abroad? If he gets a job then child benefit and maintenance will cease. BTW you say initially that she brings him back once a year then in a further post twice. It doesn't bother me but if your mum fills any forms in as a result of any investigation she must be accurate all the way through-discrepancies make people suspect somethings not true.
It just sounds like your dad being nasty tbh. It certainly doesn't appear that your mum has done anything knowingly wrong.And be warned-if the CSA do look into this expect the whole thing to proceed at a snails pace.

SuziQ

OK I have just found this link for you:
http://www.hmrc.gov.uk/childbenefit/need-to-report.htm

if you go to the bottom you will see it deals directly with children who are out of the country for 12 weeks or more at a time. You have to inform them-which I expect your mum has done?

foi1983

SuziQ,

Sorry. I am just a bit emotional. She has receipts and tickets as evidence of the dates he came back over to the UK. All this for a measly £45 a month?

I am really sorry if I sound naive but I just didnt think he would do something like this.

She was just trying to create a better life for him without the help of my tight dad and this is what she gets for it.

Thanks for the link Sarifee (sp). Will take a look

Strapped

Hi, I found this link which should help:

http://www.hmrc.gov.uk/taxcredits/residence-rules.htm#2

Although it says tax credits in the link, it actually says about CHB:

"
For Child Benefit, Regulations 21 and 25 of the Child Benefit (General) Regulations 2006 provide that for the claimant to be eligible for Child Benefit, the child must be physically present in, respectively, Great Britain or Northern Ireland. However, if the child is not physically present in Great Britain or Northern Ireland, he or she may still be treated as present for at least the first 12 weeks of a temporary absence. Further, the child may continue to be treated as present in Great Britain or Northern Ireland for more than 12 weeks of a temporary absence where one of the following applies:

• if the child is receiving full-time education in an EEA country or Switzerland;
• if the child is on an educational exchange or visit that is approved in writing by the child’s school; or
• if the child is to get medical treatment for an illness that began before the child left Great Britain or Northern Ireland.

There is no time limit on these temporary absences. The only requirement is that the absence is temporary and the intention is to return to Great Britain or Northern Ireland at the end of it."

You don't say where your brother is being educated, but it appears that this is relevant. If he is outside the EEA and only returning to the UK once (or twice?) per year then there may be periods when he is not resident, and CSA could be affected. However, if he is in the EEA then your mother doesn't need worry (so long as it is intended that he return eventually).

BTW, I can understand from his father's point of view, he may be angry & upset if he was not consulted over his child being sent abroad (?) and only having the opportunity to see him once (or twice?) a year in the UK. (That doesn't mean I condone him trying to avoid CSA though).