From JSA to WTC and CSA arrears

shadyone

At the moment my OH (who is the NRP) has been off sick since December and got ESA, then he claimed JSA from February until now. When he was working he was self-employed and there is a smallish amount of arrears to pay (about £1000?)

I was thinking of going back to work for over 16 hours so we can claim WTC and CTC (and then he comes off JSA) and he can be house husband as there isn't any work around for him at the moment. If I did this would I be liable for his CSA arrears? When I spoke to the CSA before they already knew we weren't getting WTC before even though I hadn't told them so does this mean they contact each other without us knowing?

Help on this would be fantastic as we don't know what to do for the best.

ann1971

Hi, csa use tax credits as household income. As you would be the main earner the wtc would not be included but child tax would so he would become liable to pay arrears and an assessment as well

shadyone

Thanks for that, do you mean an assessment of all of our income so they know how much to pay out of his arrears?

Cozworth806

Tax Credits aren't able to be stopped like JSA can be so he would have to pay, or they may threaten court action.
Given the income it may be that they would be looking for the regular maintenance plus about £10pw for the arrears
If the tax credits are under £5200 per year or £100 per week then he would only have to pay £5pw based on the CTC. That obviously depends on how many children you have

shadyone

Cozworth806 wrote: »

Given the income it may be that they would be looking for the regular maintenance plus about £10pw for the arrears

So even if he wasn't working I would have to pay his regular maintenance? I thought that under the new rules (my) the partners wages weren't counted?

LizzieS_2

Yes and no.

Strictly speaking in a dispute between the 2 of you, CTC would be payable to the main carer which would be your OH (WTC to yourself as the worker).

shadyone

Thanks, so just to clarify my OH (male) would get CTC and I (female) the WTC and the CTC is used in CSA assessments?

LizzieS_2

In a legal sense your Oh would qualify for the CTC, but in reality people don't tend to change who it is paid to upon role reversal.

I was saying yes it looks like you are paying for his children if the CTC remains in your name while he has no other income, but no in the sense that he does really have an income in the form of CTC.

If only you works then the WTC paid is excluded from the assessments (your own earnings are excluded too).

shadyone

Thanks, its a lot clearer now (it takes me a while to get my head round things sometimes!)

kelloggs36

Only the child tax credits would be used in any assessment done, so your wages and wtc would be ignored. No DEOs could be implemented due to no job and arrears would have to be negotiated. Depending on whether they want to pursue for arrears, it may end up you paying it if they take him to court, but on only 1k owed, unlikely to do very much harm in the long run ie if he is paying something, he won't go to prison, and as arrears so small, no charging orders on houses etc.

shadyone

Thanks, this does sound a lot more "do-able" now and I'm not quite as scared as I was. He wants to go back to work soon but there is nothing around at the moment but if we go this way then I just have to declare his wages when he does go back to work as he is self-employed and doesn't get work for a set time.