Car Allowance under CSA 1 Scheme

joanneg_2

Hi,

My partner is NRP and is being reviewed thanks to the ex-wife.

He is employed as a Sales Rep and is based at home. He receives a car allowance via his salary which is taxable but it states clearly in his contract that he is obliged to provide and maintain a car with this allowance. His company does not offer a company car scheme.

Should the CSA exclude the car allowance from his salary? I've found mixed answers on-line and even the CSA don't know. We're reluctant to send any information to them until we have an answer as it could make a difference of £250 per month to us.

Any help greatly appreciated.

Thanks.

Pee

I don't know.

I would take the line with them that it should be excluded, unless they can prove to you any differently.

Light_Speed_Cruiser

A car is not allowed, neither is an RV.

Vans lorries and trade vehicles are excluded for the purposes of child support.

Ask your employer to buy the car for you and deduct the company car tax. That will leave you with a net income for child maintenance.

kelloggs36

If income is taxable it is counted.

pd001

kelloggs36 wrote: »

If income is taxable it is counted.

Just to clarify...
Kelloggs36,
In view of what you have said, I take it that the husband of the OP is legally obliged to give details of his car allowance, as the OP has stated that the car allowance is taxable.
Is my understanding correct?

The op stated..
He receives a car allowance via his salary which is taxable but it states clearly in his contract that he is obliged to provide and maintain a car with this allowance. His company does not offer a company car scheme.

marksoton

There has been some commissioner decisions that have disallowed a proportion of a car allowance payment for assessment purposes. I don't know the details but it may well be worth looking into.

kelloggs36

Whatever info the CSA have requested, he must by law provide. So, if it is on his payslips they will see it. You can then provide all other evidence which is concerned to the car allowance and then they will either disregard any portion or none of it, depending on what the rules are. YOu do have the right of appeal don't forget.

pd001

joanneg wrote: »

Hi,

My partner is NRP and is being reviewed thanks to the ex-wife.

He is employed as a Sales Rep and is based at home. He receives a car allowance via his salary which is taxable but it states clearly in his contract that he is obliged to provide and maintain a car with this allowance. His company does not offer a company car scheme.

Should the CSA exclude the car allowance from his salary? I've found mixed answers on-line and even the CSA don't know. We're reluctant to send any information to them until we have an answer as it could make a difference of £250 per month to us.

Any help greatly appreciated.

Thanks.

Maybe you should seek some legal advice on this one.

[FONT=&quot]Others on here mention a solicitor called Stephen Lawson who is supposed to be very good when it comes to all matters CSA. I have no personal knowledge of him at all.Don't know what he charges but I have read on these forums that he will give you an estimate of his charges at the beginning.
Probably not cheap

[/FONT] There is another firm called Durham Legal Services and I have only heard mixed reviews about them. I have no personal knowledge of them at all.
probably not cheap

There is another firm called Child Support Solutions who are in Birmingham.
They specialise in all matters CSA related and charge a monthly fee.
In some cases they take over all contact with the CSA and basically fight your corner for you.
probably not cheap


[FONT=&quot]Have you heard of NACSA, google them. I believe that for general information they are very good.
When you join they can be a mine of information.
[/FONT][FONT=&quot]It’s cheap to join as well! [/FONT]



[FONT=&quot]
[/FONT]

joanneg_2

Hi everyone,

Thanks for all your responses.

My partner has spoken to his payroll dept who are happy to draft a letter stating his basic salary, commision and his tax code and we're hoping that'll be sufficient evidence.

His company is based in Canada so he doesn't receive a monthly payslip which the CSA already know so they know they'll be getting a employers letter.

We're just blindly hoping the fact that we are not fighting and providing all the info they've requested (to a degree) will work in our favour.

What else can you do when admitting car allowance would mean you couldn't afford to run the car that keeps you in work?

This is not a case of not wanting to pay as we already do .... its a case of surviving in the current climate.

I do have another query ..... I'm expecting our second child in 6 weeks. I can provide a MATB1 form as proof so will they take the child into account now or will we have to request another review when she arrives?

The timing really sucks.

kelloggs36

You have to wait until the baby arrives - congratulations by the way!!

N71

About the baby - they won't take it into account until he/she has arrived. You'll need to phone them and give them the childs name and date of birth once he/she is here.
I'm not positive - but I think they'll wait to see (on the central database), that CHB is in payment (to prove the new baby exists) before making the new assessment - but they'll backdate it to the date of birth - so make sure you get him/her registered and get the CHB claim in asap.
Good luck!