IMPORTANT - Are you entitled to a refund?? (merged)

kelloggs36

chall1964 wrote: »

In April 06, changes were made to child benefit rules, allowing child benefit to continue to be paid to parents with care, for children over 16 yrs and registered for/attending certain government approved training courses.
However, relevant child maintenance legislation should have also been updated - which it was not.

Therefore, some non resident parents will have made child maintenance payments for children who were affected by this change, between 10 April 2006 and 9 November 2009, which the existing legislation did not allow for.

If you are affected by this, you may be entitled to a refund.

Note for parents with care - if your ex is entitled to a refund because of this, you will not be expected to re pay the money you received.

I'm confused by this. If Child Benefit previously was NOT payable, then neither was Child Support - so NRPs would be now liable for payments which they previously not liable for. Not retrospectively of course but if child benefit has been extended to cover these courses then this has the opposite effect surely? Or I've misunderstood - can you make it clear for me because I don't see it.

mick6177

I think it means you get a rebate between the dates if your child was on a gov approved course and the CSA were taking the course as non higher education when they should not have done so...probably wrong

kelloggs36

But this appears to say the opposite because these courses mean that child benefit is payable - which also means the child support is payable???

chall1964

LizzieS wrote: »

I would imagine that those paying for advice wouldn't really have expected this, so they may see it as a bonus (all advice is freely available across many sites - it is down to people choosing to pay or not).

Quite right, everybody has a choice whether to pay or not.

However, if an individual had chosen to seek legal advise from fee charging solicitors/experts, one would also assume that, if they were given wrong advice to their detriment, they may have a case against those that charged for their 'expert' knowledge.

- Just something else to ponder on....:o

chall1964

kelloggs36 wrote: »

But this appears to say the opposite because these courses mean that child benefit is payable - which also means the child support is payable???

Hi Kelloggs,

From the 10 April 2006, a person/child for whom CB was being paid, was not necessarily a child for CS purposes. Due to CB being payable to a wider group of young people.

Changes made to CB rules on 10 April 2006, allowing CB to continue to be paid to parents with care, included -


*16 to 17 years olds who have left full-time education or training can continue to be a qualifying young person for up to 20 weeks after they leave education or training if they have registered for work, education or training under a relevant training programme with one of the following

*Careers Service, or Connexions Service

*Ministry of Defence

*Department for Employment and Learning (in Northern Ireland),

*an Education and Library Board (in Northern Ireland), or

*any equivalent body in another EC state

Which existing CS legislation did not allow for.

Since 10 November 2009, new CM regulations are effective and correct this inconsistency and mean that, all children who qualify for child benefit also qualify for child maintenance, up to the date of their 19th birthday.

kelloggs36

So if child support was NOT payable before, even though child benefit was payable, they are now liable - which would mean arrears rather than a refund?????? I read it that if child benefit was newly payable, but child support wasn't, then no payments for child support will have been made - so no refund due.

chall1964

kelloggs36 wrote: »

So if child support was NOT payable before, even though child benefit was payable, they are now liable - which would mean arrears rather than a refund?????? How could 'they' be liable for arrears prior to such CS legislation existing?

I read it that if child benefit was newly payable, but child support wasn't, then no payments for child support will have been made - so no refund due.

The agency are stating that some NRP's may be entitled to a refund. Try this, it may be helpful http://csa.gov.uk/en/about/news/2009/11-09.asp

bestpud

Why are they being refunded then?

Is it just a technicality, because they didn't have the right legislation in place?

I'm completely lost on this one!

Do you get it now, Kellogs, and if so, would you explain it to me, please?

Idiot terms are best!

kelloggs36

I still don't get it - I can't see how anybody would get money back when under the rules before they changed, they wouldn't be eligible for child support???

bestpud

Thank goodness it isn't just me then!

Can someone explain, please?

It's annoying me now - I hate it when I can't get something!