csa.... help needed

heidim69

Hi, I will try to keep the details brief but it's a bit of a long one, but I would really appreciate some advice on my situation. In Jan 09, my ex-husband changed jobs, he was until then paying maintenance via a doe on his wages. I received a letter from the CSA telling me that as of Jan 7th 09, my child maintenance for my two daughters had been assessed as nil. I couldnt understand this, both my ex and his partner were both in full time jobs (I am assessed under the old rules), so for the next few months I rang the csa constantly asking for the decision to be looked at again, also threw in some emails and a letter. Having constantly been told that this decision was correct, I contacted my MP in August who wrote to them on my behalf. Amazingly 2 weeks ago, I was contacted by the CSA who, after ignoring my telephone calls, letters and emails asking for the assessment to be looked at again but jumped through hoops when my MP got involved, told me that from Jan 7th, maintenance should have been assessed at £27.00 a week and not £0.00, she apologised saying she had no idea how or why this happened and said as this was a clear case of maladministration, I would receive a small consolotary payment and payments would be backdated to jan 7th and reinstated. She also said that the csa had recieved a letter from me on May 29th telling them that my ex and his partner were in full time employment, and that a new assessment had been made from that date, though she wouldnt tell me the new amount (the csa had both of their wage slips, yet still it had been classed as a nil assessment and to add insult to injury, confirmed receipt of my letter yet still didnt reassess the maintenance. the only reason anything was done was down to my MP's involvement) As yet, I have not heard anything back, so no nearer to a payment schedule etc or the consolatary payment. My query is, if the CSA incorrectly made a nil assessment as I have been told, would I be within my rights to request compensation and if so how do I go about it. Had they not messed up, I would have been receiving regular weekly payments, as it stands, 8 months down the line I am no nearer to receiving anything. I am not a bitter person, but feel that at the end of the day, my two children have missed out, especially over the summer holidays when I have struggled to make ends meet and therefore been unable to take them on trips out and struggled to even buy new uniform for going back to school. Any help would really be appreciated.

brians_daughter

go back to your MP. That seems the best way forward. Also ask that your claim be dealt with by someone else. Put in a complaint again... i did this and got a new case worker who got things moving - unfortunately for me she left the csa a few weeks ago, my new one is quite useless

Blonde_Bint

its not the one you had to start with is it :rotfl: the useless one from the beginning I mean

chriszzz

No offence to you heidi, but i really dont get why the csa should be looking at your exes new partners wage slips, why should her wages be considered when assessing what child support you recieve??

If you had a new partner his wage slips would not be considered when assessing your child support.

Am not expecting you to know the answer to that!! it was just mentioned in your post and I was curious to why her wageslips are with the csa.

Can anyone shed any light on this plz!!

heidim69

No offence taken.....under the old rules, I dont really know the full ins and outs, but from what I understand, the nrp could be classed as the only wage earner, therefore responsible for paying for everything (housing costs etc) as new partner would be classed as a dependant, in this case he wasnt as his partner also works full-time, therefore they can contribute something towards housing costs. My original query with the csa was why he got a nil assessment on his salary given that there was a joint income.

chriszzz

Glad no offence taken...I was just curious!!!

Dont understand how csa can come up with nil assessment!! It makes you wonder just how well trained are the staff??

Some posters have had positive results straight away, while others seem to have a struggle getting what is rightfully theres!!

hopefully they will now get there arrrs into gear and set up your payments to help you with the financial needs that your children are entitled to.

Good Luck!!

kelloggs36

Under CS1 there were many, many nil assessments. Without seeing the details it's not possible to say but usually it links to housing costs - if there is no child in the household, the housing costs are capped at 50% of an NRP's net income, but if there is a child in the household then it isn't, and in some cases, the net income was less than the housing costs, hence a nil assessment. The only way to know is to check the figures used. You can apply for a departure on the grounds that new partner can contribute towards the housing costs, which will free up more money belonging to the NRP.

heidim69

Hi Kelloggs36, thanks for clearing that up for me.
When I recieved the nil assessment, the calculations in the letter showed nrp take home pay as £298 a week, with housing costs of £80 a week, no other additional costs, i.e travel to work etc. This was what made me query constantly with the csa and also why I had mentioned that the nrpp was in full time employment, as I couldnt understand how, once housing costs were taken off nrp weekly income, leaving him with £218 a week ,a nil assessment was made. Even using the assessment calculator the csa have for new rules, he would have paid something. Following intervention from my MP, this was when it was admitted by the csa that the calculation was in fact wrong and they admitted maladministration, and that I should have been receiving regular payments from Jan 7th instead of nothing, as nrp had only reported a change in employment and nrp was earning more than his previous employment (this was when he was paying maintenance regularly by doe) but as I said in my post, 8 months down the line there is still nothing. When you are struggling (and secretly hoping there are no surprise school trips etc to pay for and trying hard not to think of birthdays/christmas coming up ) the fact that we have missed out on receiving that money is, to say the least, particularly frustrating and also upsetting when you realise that it was an error by the csa that has cost you this money.

kelloggs36

PM me the details of the whole assessment if you want to - I want to see what they have done???? With housing costs of £80 per week I can't see how there would be a nil assessment unless there are lots of children in the household belonging to the NRPP? Have you got all the assessments?

heidim69

At the moment, the paperwork is with my MP (he has written to them twice demanding an explanation) I was so desperate I landed it on him!! The csa have promised he will have a full reply week commencing 7th September, as MP sent me a copy of their letter (still doesnt help me as I am still patiently waiting for some kind of confirmation of payments and a schedule) All I know, through phone calls from lady who is in the Parliamentary Resolution Team, is that there has been maladministration on my account. It's all a bit random, as payments suddenly stopped on Jan7th with no warning, but the letter advising me of this from the csa wasnt received until 8th May and dated 6th May, hence flurry of phone calls from myself wanting to know why payments had not been recieved , as until May I didnt even know he had been assessed as nil and assumed soemehow the payments had been missed. Each time they said it was being reassessed and to call back in 2 weeks for progress, then I received the nil assessment letter in May, so that was approx 4 months of ringing, being told it was being reassessed, only to discover no payments were due. Then began the phonecalls wanting to know why it was nil. To be honest, I even thought at one point nrp had a "friend" who worked at the csa, silly I know, but it was all confusing and quite stressful. The lady handling the case now didint have a full explanation and I havent heard from her now for 2 weeks, presumably that will come to light when my MP gets a detailed letter, yet she was aware of all the letters and phone calls I had made, so they were obviously logged but not actioned. They even had nrpp wage slips yet still nothing was done( the woman confirmed this in a telephone call), until letters from MP in August (7th and 19th).

kelloggs36

Ok, here is my guess with no paperwork!! Assume NRP has no children.

£298 net income, less £80 housing costs and approx £60 personal allowance. This leaves £158 per week. This is halved to £79 per week and this becomes the notional assessment (assuming it is a single case and the PWC does not have assessable income). Go to protected income, so if NRPP earns let's be conservative and assume a low wage of £150 per week net. £98 per week allowance as a couple, £80 per week housing costs, £20 council tax (guessing here), £30 additional premium.

Total household income is £298 + £150 = £448 per week. Take off those allowances = £228 leaving £220 work out 15% of this as extra they get for protected income = £33 so protected income is £241 per week. Can household afford to pay the £79 per week? Total household income £448 - £241 = £207 the answer is yes, so assessment should be £79 per week.

If NRPP has 4 children in household, this would change:

£98 couple allowance
£50 (approx for a couple of years ago) per child = £200
Family premium = £16
£80 housing costs
£20 council tax
£30 additional premium = £444

Total household income £448 - £444
= £4
15% of £4 = 60p
Protected income is £444.60
As there is less than £5 between total household income and protected income, assessment would be nil.

See how the difference is calculated? Now, I don't know if the NRPP has any children. Do you know any more details?