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Ex claims Disability so does that mean he doesnt have to pay child maintenance ????

My Ex has had an accident in work and is now out of work and claiming Disability, Does this mean I dont get any money from him? or is there anything else I can claim towards this? I am a single parent claiming Tax Credits

Comments

  • Indie_Kid
    Indie_Kid Posts: 23,100 Forumite
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    When you say "claiming disability" what benefits do you mean?
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  • I think he will have to pay £5 per child per week if he is claiming disability benefits, although someone more knowledgable will need to confirm this.
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  • Blob
    Blob Posts: 1,011 Forumite
    I think you will find that they can't touch DLA!
  • Loopy_Girl
    Loopy_Girl Posts: 4,444 Forumite
    sh1305 wrote: »
    When you say "claiming disability" what benefits do you mean?

    I agree...you need to clarify. DLA cannot be taken into account for CSA purposes but it's normally being paid alongside ESA which can (flat rate of £5)

    Or is it sick pay from work?

    Need more info I'm afraid
  • I'm sure that I've seen, that even if they are working full time, the receipt of DLA reduces the award to the £5.


    Bit off topic, does anyone know what is the benefit that CSA has to claim from clerically?

    Munchie
  • easy
    easy Posts: 2,534 Forumite
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    edited 12 November 2009 at 8:51PM
    I'm sure that I've seen, that even if they are working full time, the receipt of DLA reduces the award to the £5.

    Not true, if you read the page from the CSA calculator



    The non-resident parent pays a flat rate for child maintenance if:
    • their net weekly income is between £5 and £100, or
    • they or their partner who they live with gets Income Support, income-based Jobseeker's Allowance, Employment and Support Allowance or Pension Credit, or
    • they are getting one of the following benefits:
      • contribution-based Jobseeker’s Allowance
      • State Retirement Pension
      • Incapacity Benefit
      • Carer's Allowance
      • Widowed Mother’s Allowance, Widowed Parent's Allowance, Widow's Pension
      • Severe Disablement Allowance
      • Industrial Injuries Benefit
      • Maternity Allowance
      • a training allowance approved by the Department for Work and Pensions
      • Armed Forces Compensation Scheme payments
      • a War Disablement or War Widow’s Pension
      • Bereavement Allowance
      • a social security benefit paid by a country outside the United Kingdom.
    Non-resident parents who pay the flat rate because they receive a benefit, pension or allowance will pay no child maintenance if they share the care of a qualifying child for at least 52 nights a year. Non-resident parents who pay the flat rate because they have net weekly income of £100 or less have no further reduction because of shared care and they continue to pay £5.

    It's all explained here http://www.csa.gov.uk/en/setup/how-maintenance-calculated.asp, and there is a calculator link at the bottom of this page, so if you know what his earnings are, you can work out what he is likely to pay.

    It does seem harsh tho' to expect the bloke to pay maintenance if he isn't earning, due to an accident at work.
    I try not to get too stressed out on the forum. I won't argue, i'll just leave a thread if you don't like what I say. :)
  • interesting isn't it? the language used here 'I' don't get anything.... thought it was for the kids this CSA rip off?? Its nothing more than a handbag lining sperm tax, on Dad's who can't live with their ex partners anymore. Most usually using contact with the kids as a pay per view weapon to squeeze extra cash.
  • interesting isn't it? the language used here 'I' don't get anything.... thought it was for the kids this CSA rip off?? Its nothing more than a handbag lining sperm tax, on Dad's who can't live with their ex partners anymore. Most usually using contact with the kids as a pay per view weapon to squeeze extra cash.

    The language used by the first poster is quote correct.

    I need money from the father of my children because I am paying for the roof over their head, nursery fees, clothes, shoes, food, drink, nappies and everything that keeps a child going. Therefore the money that I need in maintenance is for the kids as it helps to provide all of the above and more.
  • Kimitatsu
    Kimitatsu Posts: 3,883 Forumite
    1,000 Posts Combo Breaker
    interesting isn't it? the language used here 'I' don't get anything.... thought it was for the kids this CSA rip off?? Its nothing more than a handbag lining sperm tax, on Dad's who can't live with their ex partners anymore. Most usually using contact with the kids as a pay per view weapon to squeeze extra cash.

    You are new to these boards so I am going to gently remind you of the rules - Please be nice to all money ssavers.

    You may be frustrated but there is no need to be offensive to other posters, and there is no indication that the OP is using contact blocking as a way of garnering the maintenance that is due to her.

    Maintenance is a contribution into the hosuehold where the children live to bring them up. For all cases under CS2 15% for one child or 20% for two does not cover half of the costs of bringing up that child in the majority of cases.

    To clarify the question from the OP, none of the disability benefits can be taken into account for the purposes of maintenance (so none of his DLA) however if he is on any other sort of benefit, income support, ESA or is working all of those can be used in the calculation.
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