Is my stepson classed as finished education?

sarawllms

Hi
My partner has been paying CSA for his son who stayed on at school in Sept 2008 to do A levels. However, he left school before Easter this year, wasnt sure what he wanted to do and has been working since. He's now thinking of going back to college in September.

Does my partner still have to pay maintenance for him? Does his son have to stay in full time education until he's 19 or is it if he's in education, bit confused on where we stand.

Any help would be greatly appreciated.
Thanks in advance
Sarah

skibadee

If he's been working the PWC is not entitled to maintenance payments for the period he has been working..the PWC should of also informed Child benefit dept., of him working......is this a fulltime job he's been doing?

If he's in fulltime education payments are made until the 1st Monday in September after his 19th birthday as normally this is the time child benefit would stop......but it also depends what kind of further education he goes onto.

sarawllms

Hi
Thanks for that. Can I just check I got this right. A child can leave school at 16, start work, but if he/she returns to education before their 19th birthday CSA payments re-start.
Sorry, just want to make sure I got it correct.
Thanks
Sarah

sarawllms

Sorry, forgot to mention yeah he's in full-time work, 2 jobs actually.
thanks again
Sarah

skibadee

sarawllms wrote: »

Hi
Thanks for that. Can I just check I got this right. A child can leave school at 16, start work, but if he/she returns to education before their 19th birthday CSA payments re-start.
Sorry, just want to make sure I got it correct.
Thanks
Sarah

I really don't know the answer to that one sorry.

If he is and has been working fulltime since Easter and maintenance payments have been made.....[ you didn't mention wether maintenance payments have continued] you may be entitled to a refund for that period...you really need to talk to an expert on this.

Does the PWC work?...Do you know if she notified CSA or child benefit of the fact son was/is working ?

sarawllms

Hi
Thanks for all your help. Have been on phone to CSA helpline and basically it depends on whether or not the PWC still gets child benefit and how many hours my stepson was working.
Got a feeling the PWC continued with the child benefit for that last term and my stepson has had 2 part time jobs so looks like my partner will have to continue paying.
He did stop the payments as there was mix up with sort codes and CSA lost Feb and March instalments so we assumed with his son finishing school, payments would be stopped anyway, now they're taking it out of his wages.
Thanks for help, will still be writing a letter to get written confirmation from the CSA.
Sarah

Blue_Horizon

sarawllms wrote: »

Hi
Thanks for all your help. Have been on phone to CSA helpline and basically it depends on whether or not the PWC still gets child benefit and how many hours my stepson was working.
Got a feeling the PWC continued with the child benefit for that last term and my stepson has had 2 part time jobs so looks like my partner will have to continue paying.
He did stop the payments as there was mix up with sort codes and CSA lost Feb and March instalments so we assumed with his son finishing school, payments would be stopped anyway, now they're taking it out of his wages.
Thanks for help, will still be writing a letter to get written confirmation from the CSA.
Sarah

Hi - be careful about the CSA using the receipt of Child Benefit to justify whether a child qualifies. This is an operational procedure and NOT law, in facts the law is different:
- Child Benefit can be "suspended" for upto 20 weeks when a child leaves education before the end of the course
- Child Maintenance - a qualifying child must be attending full-time non-advanced education for at least 12 hours per week

I won an appeal earlier this year as my son left education early last year and restarted in September and I was originally told it was all about CB. In fact I was advised to "shop" my ex in an effort to get CB stopped - what a complete waste of time and effort.

The actual "terminal date" is determined as one of the following:
- The first Monday in January
- The Monday following Easter monday
- The first Monday in September

My advice is to request a change of circumstances, requesting the child to be removed. When this is rejected you then must appeal. You should win your appeal if you quote the law back to them.

Donedoingdebt

skibadee wrote: »

If he's in fulltime education payments are made until the 1st Monday in September after his 19th birthday as normally this is the time child benefit would stop......but it also depends what kind of further education he goes onto.

Sorry, not quite correct.
All CSA liability except for arrears ends on the child's 19 birthday & does not continue until the following September.
It only goes onto the 1st Monday in September if the child is under 19.
This is under current CS2 rules but MAY be increased to 20 when the new CMEC is up & running.
CSA continues to be paid if the child is in further education (usually college & some foundation uni courses) but CSA liability will cease if the child is in advanced education (most uni courses). A more comprehensive list of qualifying courses can be found on HMRC or work & pension websites.
These should be found here: www.hmrc.gov.uk/childbenefit/further-ed-train.htm