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

foi1983

Hey strapped,

My parents divorced 14 years ago and my father has made no attempt to see us. In his own words "he has other kids and doesnt need the hassle".

My brother doesnt even know who he is.

I can totally understand what you're saying and would more sympathetic to my dad if he hadnt had tried to kill us all in the year before my mum finally kicked him out (long story).

My dad doesnt care where his kids are. All he cares about is the little money he has. He doesnt even remember our names! seriously

Also, unfortunately my brother is not in the UK or EEA, he is in Africa.

The home office told her that she could continue to receive child benefit if he was in Africa. This just gets worse and worse! What do I do?

Mr_Green_Genes

As I understand the CSA rules, where a child is at boarding school, the person who would otherwise provide day-to-day care (i.e. the person with whom the child would be living) counts as being the PWC. That's Regulation 27 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 which, as far as I know, has not been repealed or replaced.

I don't, however, know about the Child Benefit rules.

LizzieS_2

The above responses, together with your own posts suggest that the csa is still payable. In the worst case scenario that it isn't, the absolute earliest the csa can request overpayment from is the date your dad applied for the cancellation (though you may be able to push it to the date your mum became aware by the csa).

Is your mum on the old scheme (csa began pre March 2003)?

foi1983

Lizzie,

They divorced circa 14 years ago so I am guessing she's on the old system. Regarding your first paragraph, My mum only became aware over the weekend and I'm not sure when he applied for the cancellation. Are there any laws/rules I can quote that show that he cannot claim overpayment from 3 years ago?

Mr Green Genes, thanks a lot for your help. My mum will be pleased. I will look into the regulations that you quoted.

Thanks to everyone who replied. You're all lovely people and this forum is absolutely brilliant.

Thanks

LizzieS_2

Kellogs68 is the best for laws, though I guess Mr GG may know some too.

He's technically applied for a change of circumstances, which according to all their booklets only applies from the date of report - he cannot have it backdated. If there is an unreasonable delay between him applying and your mum becoming aware, she can claim maladministration against the csa (long route but basically gives her some of the 'overpayment' back). I'm not 100% sure that she can only be overpaid from the date she became aware - the comparison I was thinking of is that a parent (dad in your case) cannot be assessed until he is aware of the csa's involvement.

It is all immaterial though, as from what has already been quoted, it seems like your dad would have to pay anyway.

I don't normally get into what is a fair amount to pay - will only focus on the extremes both ways. In your brothers case, £45pm is not really reasonable. Your mum has 3 options open:
1) Close the case now and apply again in 13 weeks - she will then be on csa2 which means he has to pay 15% of his net income after reductions for children in his household (15% for 1, 20% for 2, 25% for 3 or more). As he is so against paying £45pm it does suggest that he cannot lower the assessment any other way, but your mum needs to look at what his income/household children may be before switching.
2) The courts deal with special expenses in addition to csa payments - private schooling falls in that category.
3) If she is worried and just wants this to end, happy with £45pm and can speak to him - ask him to call off his claim by politely suggesting she will retaliate with 1) or 2).