help please -just discovered son working

kelloggs36

If child benefit is legally being paid, then the CSA has a legal obligation to request payment from the NRP. If child benefit rules are not being followed, then fraud should be alleged and it is up to the inland revenue to investigate and do what they need to do.

Soubrette

kink wrote: »

hi sou,
hopefully you have read previous post on response from csa. it is just so frustrating when you speak to them but hopefully girl today will take on board how pigged off we are at been left in limbo. We put her on speaker phone and she assured me she would have a response by next week.
kink

Good luck and let us know how it goes.

If the CSA do not come through, then you might need to consider taking Kelloggs advice and escalating it to a possible benefits fraud - you would think that unless the 18 year old was working cash in hand, it would be easy for child benefits to check his NI number.

Sou

charlie..._7

report it anonoumously then nothing can come back if she is they will deal with it, then if not things stay the same,

https://secure.dwp.gov.uk/benefitfraud/

if the 'child' is working over 24 hrs cb must stop, no ifs no buts

ladylumps45

so what would be likely to happen if for instance he was working 20 hours per week? this is allowed for child benefit to continue but what about the csa payments?
is there a scale or something that the NRP pays less according to what the son earns or what the son contributes to the household?
sounds like it could be quite confusing.
i would definitely report it.
my exs wife has 3 children that she upped and left with their father while she was having an affair with my ex husband.
she left her job on purpose as she didnt want to pay for her children but then got another job and tried to keep it quiet to avoid paying maintenance(unbelievable!!).
my daughter told me this and i reported her to the csa(not to be nasty but because those children deserve it ) as i felt it was totally underhanded and devious when they were her children.
i know your situation is another way round but its still lying for the benefit of the mother.

LizzieS_2

charlie... wrote: »

report it anonoumously then nothing can come back if she is they will deal with it, then if not things stay the same,

https://secure.dwp.gov.uk/benefitfraud/

if the 'child' is working over 24 hrs cb must stop, no ifs no buts

Inaccurate advice as usual. If the child is also in education (which none of us know), 24 hours work is irrelevant.

Facts from HMRC website:

"If your child starts work

If your child starts work after the age of 16, and is working 24 hours a week or more, we'll stop paying Child Benefit from the Monday after they start work. You must tell us if this happens. But your payments can continue if, as well as working, your child also stays in relevant education or training. They must however have applied for or started the course before the age of 19. If so we'll pay Child Benefit until they leave or turn 20, whichever comes first. It doesn't matter how many hours they work.
If your child starts relevant education provided through their work or relevant training through a job contract, then Child Benefit will stop."

revels

kelloggs36 wrote: »

Notify child benefit of a possible fraud too.

my husbands son is 19 this october. since leaning school at 16 has only been in further education for 6 months and has had 3 full time jobs. all of which my husbands ex has continued to claim working and child tax credits, child benefit and also child support from us. the son been in the 3rd job for 14 months now. 10 months ago my husband rang the csa to inform them of this they said they would send a letter out which they did and she ignored. many calls later they sent another letter out which was also ignored be his ex. another phone call to csa who admitted they knew she was still claiming benifits and the son was working full time and would send another letter out. that was 10 months ago and we are still paying child support for him. so they know fraud is being comitted and dont care.

revels

kelloggs36 wrote: »

Notify child benefit of a possible fraud too.

my husbands son is 19 this october. since leaning school at 16 has only been in further education for 6 months and has had 3 full time jobs. all of which my husbands ex has continued to claim working and child tax credits, child benefit and also child support from us. the son been in the 3rd job for 14 months now. 10 months ago my husband rang the csa to inform them of this they said they would send a letter out which they did and she ignored. many calls later they sent another letter out which was also ignored be his ex. another phone call to csa who admitted they knew she was still claiming benifits and the son was working full time and would send another letter out. that was 10 months ago and we are still paying child support for him. so they know fraud is being comitted and dont care.

Blue_Horizon

kelloggs36 wrote: »

If child benefit is legally being paid, then the CSA has a legal obligation to request payment from the NRP. If child benefit rules are not being followed, then fraud should be alleged and it is up to the inland revenue to investigate and do what they need to do.

I'm not sure that's true - is it?

Child Maintenance law states that the definition of a child and the two key points from this seem to be:
- The "child" is attending qualifiying education (ie A levels or BTEC - list available on the CSA web site) for 12 hours a week
- The "child" is not working more than 16 hours a week

The receipt of Child Benefit appears to be a quick way to work out whether CM should be payable BUT it is not ful proof and it's not the law.

The problem for the NRP, when the "child" becomes 18 is that the NRP has noo rights to verify whether the "child" is even attending school or college.

Fran - I've been through this over the past 18 months, including winning a appeal to overturn a CSA decision that was based on the receipt of CB. The CSA appeals unit admitted that the decision was wrong in law. The initial advice from the CSA was to report fraud - this was a waste of time and only caused agro between with my ex.

kelloggs36

However, if CB is in payment (up to the age of 19) then the CSA will remain involved - the CSA won't investigate whether CB is correctly in payment and will assume that it is, and if it is, then the child is a qualifying child.

frugallass

Aspiring wrote: »

kink - try not to focus on the money you have paid, it's your son, after all.

but if the son is working why should the NRP pay for longer than is necessary ?