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Re: Csa

if a parent was receiving Child Support through agency and after a few months, the payment stopped due to death, does anyone know what happens next?

Comments

  • jazabelle
    jazabelle Posts: 1,707 Forumite
    You will probably get a better response on the Benefits board, as your question isn't related to disability.

    Also you might want to clarify your question a little - what happens in terms of the payments? Do they stop? I would imagine so.

    There may be other benefits you can claim to up your income though, but the benefit board can advise you.
    "There is no medicine like hope, no incentive so great, and no tonic so powerful as expectation of something better tomorrow." - Orison Swett Marden
  • DX2
    DX2 Posts: 8,275 Forumite
    I have posted this on the benefit forum for you. You will only be able to collect arrears from the estate.

    PART 4 Recovery from Estates

    Application and interpretation

    10.—(1) This Part applies in relation to the estate of a person who dies on or after the day on which these Regulations come into force.
    (2) In this Part, “child support maintenance” means child support maintenance for the collection of which the Commission is authorised to make arrangements.
    Recovery of arrears from a deceased person’s estate

    11. Arrears of child support maintenance for which a deceased person was liable immediately before death are a debt payable by the deceased’s executor or administrator out of the deceased’s estate to the Commission.
    Appeals and other proceedings

    12.—(1) The deceased’s executor or administrator has the same rights, subject to the same procedures and time limits, as the deceased person had immediately before death to institute, continue or withdraw any proceedings under the 1991 Act, whether by appeal or otherwise.
    (2) Regulation 34 of the Decisions and Appeals Regulations shall apply to a case where the non-resident parent is the deceased party to the proceedings as if for paragraphs (1) and (2) there were substituted the following paragraph—
    “(1) In any proceedings, on the death of a non-resident parent, the Commission must appoint the deceased’s executor or administrator to proceed with the appeal in place of the deceased, unless there is no such person in which circumstances it may appoint such person as it thinks fit to proceed with the appeal.”.
    http://www.opsi.gov.uk/si/si2009/uksi_20093151_en_2
    *SIGH*
    :D
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