Can Someone Explain This 6 Year Rule?

blimey40

Okay all arrears prior to July 2000 are statue barred, but what if a case finished in 2003, 2004 and 2005 and the CSA chase now for arrears?

Let suppose this year they chase arrears, they still go back to 2000 or 2003?

I'm guessing its still 2000?

Does the 6 year rule even apply?

What if the NRP is only notified once pre 2000 and never since, then gets a liability order through the courts.

kelloggs36

any arrears since July 2000 can be collected as the statute of limitatons does not apply after this date.

blimey40

just checking.. Child is 19 in 2003, the arrears from 2000-2003 and not beyond that point, even if overpayments have been paid?

kelloggs36

Arrears are from 200 - 2003 are still collectable - any overpayments should be offset against any arrears, thus reducing the amount owing.

CMAC_2

kelloggs36 wrote: »

any arrears since July 2000 can be collected as the statute of limitatons does not apply after this date.

any arrears from 1993 can be collected however arrears before July 2000 cant be collected via a liability Order issued by the court. New rules to be introduced in 4 weeks time allow the Agency to make there own Liability Order so there is no need to go to court as such all arrears will become collectable.

blimey40

I just wondered in regards to this

Regulation 28 currently provides that a liability order cannot be sought more than 6 years after the day on which the payment in question became due. This means that while the Agency may seek to collect debt by other means (for example, a deduction from earnings order) where the 6 years has expired, it cannot enforce payment through an action in the courts.

Does this mean the whole arrears end date or from when weekly/monthly payments became payable?

I am asking in regards to liability orders only.

kelloggs36

Every week that the payment became due is a different payment, so any arrears which accrued prior to July 2000 cannot be enforced in court.