CSA arrears - can they do this?

mumof4flowers

Hi - this is my first post here - hope that somebody can help me.

My partner has three children with his ex and has never disputed paying maintenance and has paid monthly for the past 2 1/2 years. He has been paying in cash and getting his ex to sign a receipt for the money. He has just received a letter from the CSA saying that he owes arrears of £800. The period cited for these arrears is the same as when he was paying his ex direct. On contacting the CSA they explained to him that as his ex was on benefits she should have informed the benefits office that she was receiving child maintenance directly from him and they would have reduced the benefits payments she was due. They stated that HE now owes this money to the state and not her and if he doesn't pay they will just take the money direct from his earnings.

Can they do this? It seems very unfair that as a nrp my partner was paying what he should have been but now has to pay again!!!

shell_542

Does he still have the receipts?

mumof4flowers

Yes - dating back the two years.

shell_542

Complain and contact your MP.

They really are numpties.

shell_542

Here's the complaints page on the CSA website x

http://www.csa.gov.uk/en/case/complaints.asp

kelloggs36

If they are satisfied that the payments were received by the PWC then they can offset those arrears. If however, she does not agree that she has had the money then it is up to the NRP to provide evidence that the money was firstly paid and secondly was indeed for child support. If the PWC says that the money was for something else, then the NRP has to pay again.

mumof4flowers

The CSA said that it should have been up to the PWC to notify the benefits office that she was receiving child support directly from the NRP (who would then have reduced down her benefits accordingly, perhaps?) and that she should have then been sending part of the payment on to the CSA. This she did not do. In my view this amounts to benefit fraud but even if the NRP reports this it still doesn't resolve the issue of the monies that the CSA should have been receiving and are insisting that the NRP should pay.

shell_542

You have proof in the form of the receipts, as long as it dictates it is for child support.

If you have proof, then the PWC should be held responsible for it. What did they say when your partner told them about the receipts? It does appear they tend to try their luck and bully people into believing what they are being told is gospel in the hope it'll just be paid and then they don't have to worry about it.

But as he clearly paid it and has receipts it is understandable that he would be very angry at the prospect of being punished by being told to "pay it again" purely because the PWC was committing benefit fraud.

shell_542

kelloggs36 wrote: »

If they are satisfied that the payments were received by the PWC then they can offset those arrears. If however, she does not agree that she has had the money then it is up to the NRP to provide evidence that the money was firstly paid and secondly was indeed for child support. If the PWC says that the money was for something else, then the NRP has to pay again.

Which is disgusting.

CRANKY40

Do the receipts say they are for child maintenance. If they do then you can send them in - but please send photocopies not the originals. They should be taken into account.

Even if they don't say they are for child maintenance then they should be considered i.e. the pwc should be asked why she was receiving these payments etc.

Blonde_Bint

AGREED ABSOLUTELY DISGUSTING IMO:mad: