Need some advice!

Loopy_Girl

Zara33 wrote: »

:eek: Vod ka ka ka care to share i think i need it more than you.

No problemo - have saved the Child Benefit this week;):rotfl:

Zara33

catenorfolk wrote: »

why dont you tell the csa that they live together!! lol

I did lol but guess what :rolleyes: the onus is on me to prove it!!!!

Zara33

marksoton wrote: »

Hmm. Must admit i didn't realise a variation could apply to an assessment for another child that had nothing to do with the basis for that variation. In other words i thought the reduced CM only applied to the child that had the "contact costs".

Your ex has certainly thought this one through ! Looks like you will have to appeal, and i would push for them to be prosecuted.

What they have done really is the lower than low IMO.

Edit : Also that must mean you are receiving a reduced %age of his income as well !

Again i had to explain this to the second operator :wall: who was adament that this had nothing to do with me data protection! Erm excuse me it does if they are claiming as living apart when they are not and getting an extra allowance for contact costs when they don't have any contact costs, but this will reduce my payments.

Now i remember why i closed my case last year.

marksoton

Zara33 wrote: »

I did lol but guess what :rolleyes: the onus is on me to prove it!!!!

Start by searching the electoral roll ?

Zara33

marksoton wrote: »

Start by searching the electoral roll ?

Thing is why do I have to do the leg work?

Blob

Because the CSA is not able to find the door never mind actually read what is sent to them! That affects both sides just as badly.

In short they are incompetent!

Funny thing is I dont need vodka or anything els to work that one out!!!

Zara33

Blob wrote: »

Because the CSA is not able to find the door never mind actually read what is sent to them! That affects both sides just as badly.

In short they are incompetent!

Funny thing is I dont need vodka or anything els to work that one out!!!

It just miffed me that the fist operator was adament that this contact costs were for my child and this alleged signature was from me, and i even said to her your having a laugh right? no this is what it states on the screen.

When i came off the phone i was raging! :mad: how dare he claim contact costs and how dare someone forge my signature, just aswell i don't have contact details for NRP as i would have torn strips from him.

So i waited till i calmed down and phoned them back only to be told a completely different story. How can they get it so wrong! Myself and the NRP do not have a good relationship probably just aswell, but things like this carry on yesterday does nothing for parents who are on talking terms.

kelloggs36

Zara33 wrote: »

:rolleyes: After several phone calls today to the CSA i have now been informed that the variation is for another child gawd i don't know how many times i asked the first case opeator are you sure the contact costs are for my son yes Ms Zara it's your child and it was you who signed the form are you 100% sure again yes Ms Zara.

Phone again spoke to another case operator no we cannot discuss this with you as it involves another party data protection blah blah blah!

Finally phoned again spoke to another case operator who actually seemed to know exactly what she was talking about and explained what was what.

Anyway i go on to query how the NRP partner is able to claim CSA plus they get a variation for contact costs, how can this happen when they live together, with their child so thus not actually having any contact costs. ( have emails where NRP states he and partner are going to s*rew me re CSA)

Woohoo i have been advised to appeal decision blooming nora not a good start CSA!

Zara - for the variation to be in relation to another child, that other child either has to be yours for whom maintenance is payable OR for a disabled child in the NRP household for costs such as medication and care etc. Contact costs can only be in relation to a child for whom maintenance is payable.

kelloggs36

Special expenses - contact costs
10. - (1) Subject to the following paragraphs of this regulation, and to regulation 15, the following costs incurred or reasonably expected to be incurred by the non-resident parent, whether in respect of himself or the qualifying child or both, for the purpose of maintaining contact with that child, shall constitute expenses for the purposes of paragraph 2(2) of Schedule 4B to the Act -

(a) the cost of purchasing a ticket for travel; (b) the cost of purchasing fuel where travel is by a vehicle which is not carrying fare-paying passengers; (c) the taxi fare for a journey or part of a journey where the Secretary of State is satisfied that the disability or long-term illness of the non-resident parent or the qualifying child makes it impracticable for any other form of transport to be used for that journey or part of that journey; (d) the cost of car hire where the cost of the journey would be less in total than it would be if public transport or taxis or a combination of both were used; (e) where the Secretary of State considers a return journey on the same day is impracticable, or the established or intended pattern of contact with the child includes contact over two or more consecutive days, the cost of the non-resident parent's, or, as the case may be, the child's, accommodation for the number of nights the Secretary of State considers appropriate in the circumstances of the case; and (f) any minor incidental costs such as tolls or fees payable for the use of a particular road or bridge incurred in connection with such travel, including breakfast where it is included as part of the accommodation cost referred to in sub-paragraph (e).

(2) The costs to which paragraph (1) applies include the cost of a person to travel with the non-resident parent or the qualifying child, if the Secretary of State is satisfied that the presence of another person on the journey, or part of the journey, is necessary including, but not limited to, where it is necessary because of the young age of the qualifying child or the disability or long-term illness of the non-resident parent or that child.

(3) The costs referred to in paragraphs (1) and (2) -

(a) shall be expenses for the purposes of paragraph 2(2) of Schedule 4B to the Act only to the extent that they are -

(i) incurred in accordance with a set pattern as to frequency of contact between the non-resident parent and the qualifying child which has been established at or, where at the time of the variation application it has ceased, which had been established before, the time that the variation application is made; or

(ii) based on an intended set pattern for such contact which the Secretary of State is satisfied has been agreed between the non-resident parent and the person with care of the qualifying child; and


(b) shall be -

(i) where head (i) of sub-paragraph (a) applies and such contact is continuing, calculated as an average weekly amount based on the expenses actually incurred over the period of 12 months, or such lesser period as the Secretary of State may consider appropriate in the circumstances of the case, ending immediately before the first day of the maintenance period from which a variation agreed on this ground would take effect; (ii) where head (i) of sub-paragraph (a) applies and such contact has ceased, calculated as an average weekly amount based on the expenses actually incurred during the period from the first day of the maintenance period from which a variation agreed on this ground would take effect to the last day of the maintenance period in relation to which the variation would take effect; or (iii) where head (ii) of sub-paragraph (a) applies, calculated as an average weekly amount based on anticipated costs during such period as the Secretary of State considers appropriate.

(4) For the purposes of this regulation, costs of contact shall not include costs which relate to periods where the non-resident parent has care of a qualifying child overnight as part of a shared care arrangement for which provision is made under paragraphs 7 and 8 of Schedule 1 to the Act and regulation 7 of the Maintenance Calculations and Special Cases Regulations.

(5) Where the non-resident parent has at the date he makes the variation application received, or at that date is in receipt of, or where he will receive, any financial assistance, other than a loan, from any source to meet, wholly or in part, the costs of maintaining contact with a child as referred to in paragraph (1), only the amount of the costs referred to in that paragraph, after the deduction of the financial assistance, shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Act.

marksoton

So let me get this right kelloggs. If an NRP has 2 children he pays CM for to 2 different mothers and one of them has a variation for contact costs the other childs CM will not be reduced ?