Varaition Appeal Rejected - What Next??

Curve

Following a revaluation, my payments were changed from £67 to £97, a huge increase, which I cannot afford.

I therefore applied for a variation on the basis that is costs me £300 every 6 weeks, I included a court order, to go and visit my son, I'm really struggling right now to keep afloat and I've now missed two visits as I can’t afford to go to see him.

I've just received a pack of stuff form the CSA which is very difficult to understand but I think they have rejected my application on the basis they contacts the PWC and she said that before the court order was in place I only visited him once or twice a year. I know that it wasn't 10 times like last year, but it wasn't twice a year either.

How can they reject my claim on lies, or information from PWC that is two years old? I spent £6k last year going to court to get access agreed at 6weeks and now I can't afford to go because of the increase payments.

It’s breaking my bloody heart.

AnxiousMum

Oh Curve - so sorry to hear this - a parent's contact with their children is just as important as both parents contributing to their upkeep.
Your children are lucky to have a parent who though has to go to expense to go visit them, wants to go and maintain that relationship with his son.
The system here in the UK seems so anal - and I wish they would switch their system to something that is truly fair to all concerned - the parents (whether custodial or not) and the children. Do they not understand that you on just got the court order for visitation and have visited regular since that?
I hope that someone with some good advice comes along and can help you out.

Soubrette

Curve wrote: »

Following a revaluation, my payments were changed from £67 to £97, a huge increase, which I cannot afford.

I therefore applied for a variation on the basis that is costs me £300 every 6 weeks, I included a court order, to go and visit my son, I'm really struggling right now to keep afloat and I've now missed two visits as I can’t afford to go to see him.

I've just received a pack of stuff form the CSA which is very difficult to understand but I think they have rejected my application on the basis they contacts the PWC and she said that before the court order was in place I only visited him once or twice a year. I know that it wasn't 10 times like last year, but it wasn't twice a year either.

How can they reject my claim on lies, or information from PWC that is two years old? I spent £6k last year going to court to get access agreed at 6weeks and now I can't afford to go because of the increase payments.

It’s breaking my bloody heart.

After a variation has been turned down, you should have got an explanation with the decision letter explaining what your options are, mine were:
a) have your case looked at again by another case worker.
b) ask for a tribunal (if you or the PWC specify oral then it will be oral otherwise it will probably be in writing).

As the CSA made it clear that only direct evidence counted and that balance of probabilities was not enough for them to look at tax returns, I asked for an oral tribunal - I want to make sure that when the NRP lies, he has to do it to my face. In return I had another letter from a different part of the CSA asking me to fill out another variation form :rolleyes:

This I did and asked that when this is turned down to proceed to an oral tribunal.

I'm now waiting for the CSA response.

You do have time limits for these things so you must go through that letter again and make sure you understand it correctly. They must tell you what your next step is if you disagree with their decision, if they have not then phone them up and ask them to send this out to you.

Please note that if you saw him 42 nights of the year last year (6 weeks times 7 days) then you are still below the required 52 nights to get a reduction in maintenance that way - I assume you are asking for a reduction purely because of travelling costs?

Do you have any evidence of those costs? credit card bills, hotel bills etc? submit copies of them (blank out any info you don't want the CSA to see), I would resubmit the court order evidence and challenge the PWCs evidence as superceded ie yes that's what used to happen because she prevented access but now you have a court order it has changed. Any other evidence you can think of? photos of you and your son with the date on, emails or communications from the PWC? Absolutely anything that confirms what you are telling the CSA is the truth or that the PWC is not telling the truth.

If you fail this year then start keeping that kind of evidence so you can apply for another variation next year.

Looking at your problem from a different perspective - could you post an statement of affairs (all incoming and outgoings) on the Debt Free Wannabe part of this forum - they will comment on where they think you can save money or point you in the direction of organisations that can help you with your outgoings.

Or could you look at the Up Your Income board and see if there is anything to help increase your income, lots of people on the debtfreewannabe board ebay, do daily clicks, mystery shopping etc to increase their income a little bit. I tried AQA for a while but couldn't deal with the admin:o

Finally look on the old style board to get those shopping bills down.

I do all of these things and it really helps to stretch a small income a lot further.

Good luck

Sou

marksoton

The only problem is even if you were to win the variation or a tribunal the amount they will award you per mile is pitiful and only calculated as the crow flies.

You say you have a court order, who moved away you or your ex ?

Soubrette

marksoton wrote: »

The only problem is even if you were to win the variation or a tribunal the amount they will award you per mile is pitiful and only calculated as the crow flies.

You say you have a court order, who moved away you or your ex ?

I thought it would be on the lines of HMRC designated expenses of 40p a mile or something - is this not the case?

And as the crow flies? What's that about? Surely they'd use a routefinder or something for the best route?

You'd think anyway :rolleyes:

Sou

marksoton

Soubrette wrote: »

I thought it would be on the lines of HMRC designated expenses of 40p a mile or something - is this not the case?

And as the crow flies? What's that about? Surely they'd use a routefinder or something for the best route?

You'd think anyway :rolleyes:

Sou

Nope, i can't remember the amount but it's stupidly low. And according to the agency NRP's do indeed have wings.

Soubrette

marksoton wrote: »

Nope, i can't remember the amount but it's stupidly low. And according to the agency NRP's do indeed have wings.

Like these?

:A



Sou

marksoton

Soubrette wrote: »

Like these?

:A



Sou

Yeah, just without the halo or one of the wings. The nasty PWC nicked em before she left.

The reason i have asked about the court order is that if the PWC moved away he may be able to get the order varied so she has to at least make part of the journey.

Soubrette

Here's an idea from a company's website on allowable costs for a variation on travel:
http://www.childsupportsolutions.co.uk/nrp-appeal.htm

1. Contact costs. Where there is a regular contact set-up with one of the children for whom you are paying child support and there is no shared care award it is possible to apply for a variation for contact. Allowable contact costs include travel tickets, fuel, taxi fares/car hire/tolls and fees and the cost of overnight stays where it is unreasonable to expect you to return home.

Obviously this is the internet and cannot be taken as gospel, the CSA website as usual says they help with contact costs for long distance contact, but is reluctant to actually give specifics, or at least I can't find anything :rolleyes:

Curve, I personally would take that as a starting point and either send in any evidence you have of the above for an appeal, or start collecting it for another variation application next year.

Always send copies of everything and send it special delivery.

Don't forget to answer Mark's question though

Sou

Curve

Guys, that you all very much, I should have asked for advice before I completed the form!!

I moved away, I was living in a small town and could bear the hassle, so I moved to London, My kid is about 700miles away which I drive, yep... 1500miles for 36hrs with him. Last year every single day of my 25days annual leave was taken so I spent time with him. If I flew it may be cheaper, but I'd need two days off, so I'd be able to actually go less.

I went to court as she was messing me about, I'd get there and she'd say they had plans and I could only have him for half a day and all that, promised me I could see him Christmas, then saying no at the last minute. It was all very frustrating.

To court order specifies that I must have him at my parent’s house, which she insisted on, so I can't even get my mother to take him down here to visit me. I didn't bring this to their attention.

The documents refer to a hearing; I assume that I will be invited to that? As I would definitely attend and put my case over.

I’ll pull together all the emails and things that I have from days gone buy, I’ll also have fuel receipts, for recent journeys on bank statements, so I can stick that in too! Fingers crossed they will reconsider it!!

Soubrette

Curve wrote: »

Guys, that you all very much, I should have asked for advice before I completed the form!!

I moved away, I was living in a small town and could bear the hassle, so I moved to London, My kid is about 700miles away which I drive, yep... 1500miles for 36hrs with him. Last year every single day of my 25days annual leave was taken so I spent time with him. If I flew it may be cheaper, but I'd need two days off, so I'd be able to actually go less.

I went to court as she was messing me about, I'd get there and she'd say they had plans and I could only have him for half a day and all that, promised me I could see him Christmas, then saying no at the last minute. It was all very frustrating.

To court order specifies that I must have him at my parent’s house, which she insisted on, so I can't even get my mother to take him down here to visit me. I didn't bring this to their attention.

The documents refer to a hearing; I assume that I will be invited to that? As I would definitely attend and put my case over.

I’ll pull together all the emails and things that I have from days gone buy, I’ll also have fuel receipts, for recent journeys on bank statements, so I can stick that in too! Fingers crossed they will reconsider it!!

That is a lot of miles :eek:
Can you quote the bit of the letter which says about a hearing - I want to make sure that they are telling you that there will be a hearing or if they are asking you if you want to take it further as a hearing (just put *** for any personal info).

Also how old is your child? Surely the court order instructions of being at your mums wouldn't stand when he gets to say 10/11???? This might be a hard few years to get through before things get easier.

Finally, don't forget you can keep in contact using emails, texts, facebook etc if not now, when he is older (even twitter - whatever the heck that is) and I'm sure any child would be dead chuffed to stay with his Dad in the big Smoke:cool:

Sou