Question about change in circumstances

Auntyem

I have seen quite a bit of advice stating the onus is on the PWC / NRP to let the CSA know of any change in circumstances.

I'm just wondering what the position is on knowing what changes exactly are relevant. Its fairly common sense that income / number of children etc would make a difference, and these items are specified in the decision letters you get from the CSA. But how is an NRP supposed to know what other factors could make a difference in order to let the CSA know?

In my situation my OH made a successful claim for CB, after being assessed as a NRP 12 months before. He did not inform the CSA about being awarded CB simply because we had no idea it would make any difference and I have scoured all the documentation we received at the time, and there is no mention of this anywhere in it. Even looking at the CSA website I can't see anything at all to state that this could make a difference to classification as a NRP.

Fast forward several years and the CSA now accept he is PWC but they are unable to refund thousands in overpayments because he didn't tell them. Well he didn't tell them we bought new curtains either but we didn't think they would be interested.

Do we have any case for redress or are we really snookered?

Donedoingdebt

Child benefit is one of the fundamental criteria for being classed as the PWC by the CSA & unfortunately, if the CSA had been notified of this at the time of the award, not only would your OH have not been liable for child maintenance, but he could also have put in a claim to the CSA for child maintenance off the NRP.

However, the information you have been given is correct. The CSA will not backdate any change in circumstances before the date they were notified.

On CS2, changes in circumstances would include income, number of children in the household, the number of overnight stays the child has with the NRP, pension payments & I believe, child tax credits although someone else with more knowledge may clarify this.

On CS1, these changes would also include housing costs & council tax payments.

None of the above have to voluntarily be notified to the CSA, only when requested by them.

If the NRP pays by DEO, then any job change has to be notified, as does any change of address under all CSA systems.

chall1964

Hi,

CB, is definitely stated under Persons treated as non-resident parents
8. - (1) Where the circumstances of a case are that -

(i) the parent who is not in receipt of child benefit for the child in question


There are some changes when the PWC has a duty and must notify the agency, for instance; The QC goes to live with somebody else and as a result the PWC no longer counts as a PWC.

If your OH's ex had disclosed this information to the agency. The case for this child would have ceased to have effect.

It would have then been up to your OH to apply to the agency as the PWC to gain CS from their child's NRP.

If a calculation is cancelled because it ceases to have effect, as in this case because the PWC is longer the PWC for the child named in the calculation, the cancellation takes effect from the first day in the maintenance period in which the change occurred.

This, however will not enable you to now make a new claim against the PWC and have it backdated to the same period.

If you haven't already, supply the agency with the CB award notice, remind them of the legislation and start making a noise!!