Overpaid the CSA

Jenny59_2

Hello
A friend who has paid 30% of his salary to CSA for his two daughters for the last 7/8 years, realised that for four months during last year, when on half-pay, his payments were not adjusted accordingly. CSA told him he cannot reclaim this money retrospectively - is this correct? He is currently also paying a small amout of arrears - can they not use the money he overpaid to clear these arrears?
Also, his eldest will be 19 next month. At what point can he expect to cease making payments for her? He has never been allowed any contact with her, so he does not know if she's working, or at Uni/college. (and he doesn't want to 'drop her in it' if it turns out she's working 'cash in hand')
His wife also kept 100% of their jointly-owned home - he could not afford a barrister and so lost the lot. She generously gave him her £25,000 credit card debt (in joint names), which he is also supposed to be paying off. He is left with, literally, nothing.
Any advice would be gratefully received.
Thank you

LJM

dont quote me but doesnt a child stop becoming a child at 18 i would have thought unless they are in further education then it should stop.yet as i said dont quote me they need to contact the CAB and ask them for advice

Minimum_Wage_2

if he can prove that he had paid to much (which will be hard) then its just possible they might take it off of the back pay. you will have to get the CSA to re-asses the file in order to be able to make any changes.

maggied_2

You'd be better posting this on the Child Support board (sub board of the Benefits section). There are some people on there who are very knowledgable about the CSA.

Jenny59_2

Thank to all who replied. I will check the other board out, ta.

MrsTinks

I've moved your thread over for you

Jenny59_2

Thank you to all who replied, we will check out the other board. ta

Kimitatsu

Jenny59 wrote: »

Hello
A friend who has paid 30% of his salary to CSA for his two daughters for the last 7/8 years, realised that for four months during last year, when on half-pay, his payments were not adjusted accordingly. CSA told him he cannot reclaim this money retrospectively - is this correct? He is currently also paying a small amout of arrears - can they not use the money he overpaid to clear these arrears?

Did he tell them he was on half pay at the time? The onus is on the NRP and the PWC to inform the CSA of any change in circumstances. If he has only told them now then he cannot reclaim it retrospectively. If he did tell them at the time then he needs to lodge a complaint and ask for it to be taken off his arrears.

Also, his eldest will be 19 next month. At what point can he expect to cease making payments for her? He has never been allowed any contact with her, so he does not know if she's working, or at Uni/college. (and he doesn't want to 'drop her in it' if it turns out she's working 'cash in hand')

The CSA will continue to take CM as long as the PWC is in receipt of Child Benefit (this will mean she is still in full time education). Liability will cease in the first week of September after full time education has ceased. More details can be found at http://www.csa.gov.uk/en/case/leaving-education.asp

His wife also kept 100% of their jointly-owned home - he could not afford a barrister and so lost the lot. She generously gave him her £25,000 credit card debt (in joint names), which he is also supposed to be paying off. He is left with, literally, nothing.
Any advice would be gratefully received.
Thank you

If the court awarded the marital home to the PWC and the debt to be paid off by him there is little he can do. He needs to take legal advice if he would like to appeal that decision.

kelloggs36

Just to add to previous poster's reply that his liability for daughter will cease EITHER on child's 19th birthday OR the first Monday in September after said child ceases full-time non-advanced education.

Kim is right - if he didn't notify them AT THE TIME of his reduction in income then no, he cannot offset any 'overpayment' against arrears as legally there has been no overpayment. This is because he should have notified them at the time. If he can prove however, that he did notify them at the time, then they should do the new assessment retrospectively.

Steve40_2

LJM wrote: »

dont quote me but doesnt a child stop becoming a child at 18 i would have thought unless they are in further education then it should stop.yet as i said dont quote me they need to contact the CAB and ask them for advice

This is from the child support act i hope it answers this question for

55 Meaning of “child”

(1) For the purposes of this Act a person is a child if—
(a) he is under the age of 16;
(b) he is under the age of 19 and receiving full-time education (which is not advanced education)—
(i) by attendance at a recognised educational establishment; or
(ii) elsewhere, if the education is recognised by the Secretary of State; or
(c) he does not fall within paragraph (a) or (b) but—
(i) he is under the age of 18, and
(ii) prescribed conditions are satisfied with respect to him.
(2) A person is not a child for the purposes of this Act if he—
(a) is or has been married;
(b) has celebrated a marriage which is void; or
(c) has celebrated a marriage in respect of which a decree of nullity has been granted.
(3) In this section—

• “advanced education” means education of a prescribed description; and
• “recognised educational establishment” means an establishment recognised by the Secretary of State for the purposes of this section as being, or as comparable to, a university, college or school.

(4) Where a person has reached the age of 16, the Secretary of State may recognise education provided for him otherwise than at a recognised educational establishment only if the Secretary of State is satisfied that education was being so provided for him immediately before he reached the age of 16.
(5) The Secretary of State may provide that in prescribed circumstances education is or is not to be treated for the purposes of this section as being full-time.
(6) In determining whether a person falls within subsection (1)(b), no account shall be taken of such interruptions in his education as may be prescribed.
(7) The Secretary of State may by regulations provide that a person who ceases to fall within subsection (1) shall be treated as continuing to fall within that subsection for a prescribed period.
(8) No person shall be treated as continuing to fall within subsection (1) by virtue of regulations made under subsection (7) after the end of the week in which he reaches the age of 19

Jenny59_2

Thanks to all who responded to my plea. I am very grateful.

If I have understood correctly, if the child is in further education beyond their 19th birthday, my friend still has to pay until they finish the course, but if in higher education (Uni) he is no longer required to make the payments (after the age of 19)?

On the subject of his earlier overpayment; I don't believe he did notify CSA at the time; his payments are taken directly from his salary (as shown on his payslips) - I think (I may be wrong) he thought they would see his change of earnings and make the adjustment automatically.

Thanks again