Departure

kirky666

I've just had a reassessment and am still under the old formula. The calculated amount under the old formula is higher than it would be under the new formula. A departure was then added making it higher still. I was maybe going to query the departure on the basis that my payment was already higher than the new formula even without the departure. Anyone have any idea how this will be viewed by CSA?

marksoton

A no go i am afraid. What was the departure awarded for ?

kirky666

marksoton wrote: »

A no go i am afraid. What was the departure awarded for ?

To take my partners income into account for mortgage payments.

CSA_Help

Do you have any children that live in your household just now

NACSA_CHAIR

If a departure is in place that awards a percentage of costs to the NRPP its difficult to have this decision overturned. We have succeeded in getting the percentage amount reduced in some cases where housing costs have been restricted initially - but on the whole, if the NRPP is working - the departure is going to succeed and maintenance is going to increase.

But as you are an existing client - any review will continue to take place under the old rules system (you would need to be involved with a linked case in order to move to the new system). CSA staff cannot amend your payments on the grounds that you would pay differently under the new system. The calculation is governed by legislation - so legally, the amount calculated is the amount due.

kirky666

CSA_Help wrote: »

Do you have any children that live in your household just now

No there's just me and my partner.

Thanks guys for the replies. I thought that might be the case, but I also thought there was some element of discretion with regard to departures and they might have taken the old/new formula variance into account.

kelloggs36

there is no old/new variance to take into account - you are either old or new cases I'm afraid. The discretion is based on evidence - if your partner failed to give her income details, then the CSA have the discretion to use whatever figure they feel they want to apply - they normally default to 50/50 but there have been cases where 99% has been allocated to the partner.