CSA Right or Wrong

rita13

HI,

I AM PROBABLY BEING VERY IGNORANT BUT COULD YOU PLEASE TELL ME WHAT "ICE" STANDS FOR?

THANKS

Blob wrote: »

Hi

You are not alone in your situation, it sounds very fimilar, yes been there done that, and yes they can do this!

When dealing with these people you have to rewmember two things, first the CSA is not there to get money for your kids but the Gov. The other point is that they do believe that they are above the law, and as such can make it up as they go along.

You should now ask ICE to look into your case and inform them that you have to go through this process to get to the Ombudsman, you will also have to inform the CSA that you are going to ICE. At the same time see your MP, though they may tell you that under the new legislation that brought C-MEC into being, they have no imput with them anymore! The CSA will tell you a different story, but you have to get as many lines of investigation going as possible.

Don't let the CSA tell you that there is a law that states that you have to clear your arrears in 2 years, as that is twaddel! Under the law they are obliged to enter in to negociations, it clearly leaves it open as to how long you have to repay your arrears as the Gov thinks it may take more than that!

Hope this helps, and keep your chin up.

marksoton

Independent case examiner. Part of the appeals process, but you can only get a case that far if you have exhausted the lower processes.

Blob

To take a case to ICE all you have to do is to write to the CSA and it can be in your first letter, and state that it is your intention to take a case to ICE and that if they fail to answer your letter in the 21 days that they have so to do. You then should get a reply in 2 days, but dont hold you breath. By the by that is not working days it is just 21 days!

In the event that they fail and they probably will you just add this to the list of points that you want ICE to look into for you, and away they go!

As for the 48 hours working time reugulations and an assesment, if you are assesed and have to work more than 48 hours to meet the assesment it is an unlawfull assesment, in the event that you appeal this. The Judgment handed down by the Court of Appeal then comes in to play because the Appeals Service do know their law as opposed to the people that work at the CSA who like to make it up as they go along! Noone can be made to work more than 48 houres, the Appeals Service Judge will them order the CSA to re do the assesmetn in line with the Law, and that is it, it cannot be based on what you work there is a cap and that is 48 Hours past by the Court of Appeal, like it or not. The only way that this can be overturned is in the House of Lords, and I doubt that the CSA will get leave to Appeal even if they know how! The CSA bleat that the Law is incompatable, but that matters not, the law is the law!

kelloggs36

I would disagree in that if you have worked it you must be assess on it - if you are not allowed to work it but are then that isn't the CSA problem! IF you then revert back to lower hours, then you will get a new assessment. The point is that you have actually worked the hours - as the assessment is based on retrospective earnings. If they then change, so will your assessment if you have requested it.

kelloggs36

If the law is the law, then how come you are actually working over the 48 hours????? You can't have it both ways!

Blob

It is very simple, probably why the CSA can't get it, the law states that no one can be made to work for more than 48 hours a week. As an indivdual you can at this time work more than that, again there changes in the pipeline on this that will change it further.

What the Court of Appeal has said in a Judgment and that then becomes the law as a percedent. The Appeals Service can not set an Order that requires a person to work more than 48 hours. It must therefore follw that if the Appeals Service can't set an Order to make someones assesment so that they will have to work more than 48 houres to meet it, then neither can the CSA make that Assesment in the first place, as most of the assesments are now enforced by a DEO. This effectivly means that the law has been changed and a cap has been imposed by the Court of Appeal.

Frankly wheather you agree or not is not an issue, the Court of Appeal has had the last word, and effectivly changed the law, end of! Though perhaps you feel that you have the athority to over ride the Court of Appeal?:rotfl:

kelloggs36

But nobody is requiring you to work over 48 hours are they? The assessment is based on what has already happened and it is up to you to notify them if it no longer happens that is the point. The CSA are not forcing you to work any hours - you are choosing to do so, and therefore are assessed on what you have chosen to work.

LizzieS_2

I thought anyone who had chosen to work in excess of 48 hours were exempt from the 48 hour rule by personal choice.

Blob

What someone choose to work is not the point, the simple fact is that no order can be set that requires someone to work more than 48 hours. If the person works 148 hours is not relevent, the order can only be set at 48 hours, the Court of Appeal has said so!

To change this it has to either go back to Parliment or the House of Lords, that is just the way that it is! Untill then any order that is set at over 48 hours is unlawful, and the nice people at teh Appeals Service have no option but to uphold this, and they do! So the law has changed fact!

kelloggs36

But I cant see why you are thinking that the CSA are forcing you to work over 48 hours per week because they arent. They are merely assessing you on what you have done - there is the facility to reassess once you stop doing that. If they were saying that your assessment is £x and we wont change it then that would be different, but this is not what they are doing.