CSA Overpayments

Blue_Horizon

Hi I'm new to this forum and have a question about overpayments that I hoping to get some advice on. Sorry this is a bit long....

I have 2 children who live with my ex and I have paid CM using the CSA since June 2006. The case is on CS2 and my eldest has just reached 19. Until a few months ago I paid my ex direct as per assessments made by the CSA.

Earlier this year I won an appeal. My son had left college early last year and restarted in September. The appeal resulted in several reassessments for last year and meant that I had overpaid by about £2000.

In March my ex requested that the CSA collect CM from me. There was no justification for this as I have always paid on time.

I now have a dispute with the CSA over the overpayments made last year. They are telling me that they cannot take these into account as I paid direct and I should ask my ex for the money back. She has said she will not do this.

I have discovered something called Reg 10, which seems to suggest that the CSA can recover direct pay overpayments on behalf of the NRP from the PWC.

Can anyone provide any advice for me on this. At the moment I am waiting on a call back next week as I have sent the CSA a couple of extracts from Law.

Thanks in advance.

ann1971

CSA do not collect arrears or enforce an overpayment via a reg 10 for a priod when case was maintenacne direct, however... as the overpayment resulted from a period that an assessment was changd by appeals I believe the csa can collect for you.

A reg 10 is where they reduce the maount of maintenace you pay over a period of time to recoup the overpayment. E.g. assessment is £20 but you have overpaid by £150 they could reduce the amount you pay to £5 per week till overpayment cleared.

ann1971

CSA do not collect arrears or enforce an overpayment via a reg 10 for a period when case was maintenacne direct, however... as the overpayment resulted from a period that an assessment was changd by appeals I believe the csa can collect for you.

A reg 10 is where they reduce the amount of maintenance you pay over a period of time to recoup the overpayment. E.g. assessment is £20 but you have overpaid by £150 they could reduce the amount you pay to £5 per week till overpayment cleared.

Blue_Horizon

Hi Ann - thx for the reply. Do you know under what regs or law the CSA would collect as a result of an appeal? From what I've read of Reg 10 it seems to apply:

The Child Support (Collection and Enforcement and
Miscellaneous Amendments) Regulations 2000 (SI 2001/162)

“Repayment of a reimbursement of a voluntary payment
10B. The Secretary of State may require a relevant person to repay the whole or any
part of any payment by way of reimbursement made to a non-resident parent under
section 41B(2) of the Act where—
(a) a voluntary payment was made;
(b) section 41B(1A) applies; and
income support or income-based jobseeker’s allowance was not in payment to that person
at any time during the period in which the voluntary payment was made or at the date or
dates on which the payment by way of reimbursement was made.”.

ann1971

Sorry I dont, Kellogs may have more knowledge or even appeals themselves should be able to advise

Blue_Horizon

They told me that appeals can't handle as they only deal with assessments and not collections! Not sure if this is true.

Kelloggs - any response would be helpful.

Thanks

plinky1

Show the CSA the £2000 worth of payments and the maintenance that they are requesting from you now will of course be paid in advance as your ex has already taken it from you!!

kelloggs36

Not sure but a voluntary payment is not the same as maintenance direct - maintenance direct is the actual CSA due but paid direct to the PWC, a voluntary payment is different.

Are there ongoing monies due?

Blue_Horizon

Kelloggs - it is maintenance direct since 2006 to April 2009 when PWC requested it be changed. I'm still paying CM until next summer for my D.

Blue_Horizon

Got a call today, but they are still waiting on advice from their Advice team... Update tomorrow hopefully.

Blue_Horizon

Just got a call this morning to confirm that the CSA will now take the overpayments from Direct Pay into account. This is because it was a direct result of an appeal. Thanks to Ann1971 as you called this one!

Now I have got to prove all payments since the start - summer 2006. Already
digging out old bank statements and emails for evidence.

So it looks like this one is going in the right direction.

Thanks for all the great advice.