PWC Overpaid for 2 Years

blimey40

Is it discretionary for the CSA to ask for it back? I learned today that she was getting money on top of benefits right up until my daughter was 21 and not 19.

Maybe, due to my case be on-going and them only re-visiting it.

Zara33

:eek: whose to blame for this CSA or PWC, i think they can ask the PWC to pay it back but i don't think they really have the power to enforce it. (of course i could be wrong)

blimey40

The CSA, but does it not show the truthfulness of a PWC??

Or is it okay..?

Zara33

blimey40 wrote: »

The CSA, but does it not show the truthfulness of a PWC??

Or is it okay..?

No it's not ok. I don't know if this is any use or if it's still valid.

23 Repayment of overpaid child support maintenance
In the 1991 Act, insert after section 41A—
“41B Repayment of overpaid child support maintenance

(1) This section applies where it appears to the Secretary of State that an absent parent has made a payment by way of child support maintenance which amounts to an overpayment by him of that maintenance and that—
(a) it would not be possible for the absent parent to recover the amount of the overpayment by way of an adjustment of the amount payable under a maintenance assessment; or
(b) it would be inappropriate to rely on an adjustment of the amount payable under a maintenance assessment as the means of enabling the absent parent to recover the amount of the overpayment.
(2) The Secretary of State may make such payment to the absent parent by way of reimbursement, or partial reimbursement, of the overpayment as the Secretary of State considers appropriate.
(3) Where the Secretary of State has made a payment under this section he may, in such circumstances as may be prescribed, require the relevant person to pay to him the whole, or a specified proportion, of the amount of that payment.
(4) Any such requirement shall be imposed by giving the relevant person a written demand for the amount which the Secretary of State wishes to recover from him.
(5) Any sum which a person is required to pay to the Secretary of State under this section shall be recoverable from him by the Secretary of State as a debt due to the Crown.
(6) The Secretary of State may by regulations make provision in relation to any case in which—
(a) one or more overpayments of child support maintenance are being reimbursed to the Secretary of State by the relevant person; and
(b) child support maintenance has continued to be payable by the absent parent concerned to the person with care concerned, or again becomes so payable.
(7) For the purposes of this section any payments made by a person under a maintenance assessment which was not validly made shall be treated as overpayments of child support maintenance made by an absent parent.
(8) In this section “relevant person”, in relation to an overpayment, means the person with care to whom the overpayment was made.
(9) Any sum recovered by the Secretary of State under this section shall be paid by him into the Consolidated Fund.”

http://www.legislation.gov.uk/acts/acts1995/ukpga_19950034_en_2

Blonde_Bint

bl*ody ell blimey do you have any luck at all mate:eek:

surely she must have to pay the over payment back. After all the hounding you've had Mr Blimey you want to get your teeth into this if you can be ar sed. its not fair its not right keep on top of it.

Blonde_Bint

please can someone tell me, under my name I have a little gold star, whats that for? and some people have 2 or 3 of these things how did they get there?
and what is the picture of a ginger bread man running all about?

The_Plush_Doormat

The stars change when you reach a certain number of posts. I think you get 2 stars when you have posted 200 times. 3 stars is when you get to about 700 posts. The little gingerbread man is your AIM icon so people can contact you.

blimey40

Kelloggs must have 5 stars.

In fact its 28 months of overpayment. Hope they are as vigiorous with the NRP as they have been with me. What goes around comes around.

Any such requirement shall be imposed by giving the relevant person a written demand for the amount which the Secretary of State wishes to recover from him.

what about the NRP? (her)