Self employed nrp and csa

newlywed

OH is a nrp and self employed. He has been paying maintenance regularly and the kids stay 7 nights in 14.

However, his work has taken a sudden nose dive and therefore the only income he has at the minute is £20 a week. He can't claim jobseekers as he's self employed and my income is too high for income based.

If he asks for a reassessment, will they take this new income figure or will they go on the last tax return where everything looks fine?

We can't cover our essential bills for the immediate future otherwise he'd carry on paying it at the current rate.

Found_true_love

Has he talked to his ex about it?

If they are still being reasonable then it can do no harm than to have a chat with her she may voluntarily agree to a "temporary" voluntary agreement outside of CSA assesment (i.e. mother then wont ask for any "arrears" at a future date as she would cancell her current claim.

If there is no possibility of a backlash with regard to the ex denying contact because of lowered payments then alternatively I think you can asked for a variation due to change of circumstances.

Hope this helps.

BTW is your OH likely to tell ex that in the future his business has improved and she can once again benefit from his good work ethic!

Oh and due to you having the children more than 175 overnight contacts per year I take it that you know about the reduce maintenance by half then minus £7 per week per child?

newlywed

The ex was never reasonable (and just for the record, it was her that had the affair, got pregnant and left). Even if she said she'd accept payment outside CSA we would be fairly be sure she'd "forget" to cancel the claim and give a smile.

The ex is likely to ask for reassessment the second she thinks she'd get more money so no fears on that score! The kids have previously asked to stay with us more than the 50% but she won't let them even though she has regularly told them to go live with their dad :rolleyes:

Yes we do know about the reduced maintenance due to shared care thanks.


I just want to know if reassessment will be based on the last years tax return or the current dire money situation?

pd001

newlywed wrote: »

The ex was never reasonable (and just for the record, it was her that had the affair, got pregnant and left). Even if she said she'd accept payment outside CSA we would be fairly be sure she'd "forget" to cancel the claim and give a smile.

The ex is likely to ask for reassessment the second she thinks she'd get more money so no fears on that score! The kids have previously asked to stay with us more than the 50% but she won't let them even though she has regularly told them to go live with their dad :rolleyes:
Yes we do know about the reduced maintenance due to shared care thanks.

I just want to know if reassessment will be based on the last years tax return or the current dire money situation?

One for speedster methinks!
I am sure he will be along soon and point you in the right direction

kelloggs36

Usually they ask for the last year's tax return. I remember a case I had where the guy came in saying that he no longer had any work but the assessment couldn't be changed as it was based on the last year's tax return - when the new year was due, then he would have got his much lower assessment.

shell_542

kelloggs36 wrote: »

Usually they ask for the last year's tax return. I remember a case I had where the guy came in saying that he no longer had any work but the assessment couldn't be changed as it was based on the last year's tax return - when the new year was due, then he would have got his much lower assessment.

Where are they supposed to get the money from to pay an amount based on last year, if earning a pittance at the moment?

In some cases, like the OP's, the NRP'sP might be able to help ... but what if they were single or their partner not earning? Genuine question.

newlywed

shell_542 wrote: »

Where are they supposed to get the money from to pay an amount based on last year, if earning a pittance at the moment?

The system is hardly fair is it?

My income doesn't cover our joint bills, let alone OH's personal bills and csa payments.

Csa can't take into account my income when calculating csa yet it seems I'm expected to magic the money from nowhere?

It might have to come down to heating/food or csa

newlywed

I'm in line for redundancy too. What happens then?
If OH can claim jsa then will the csa listen?

We can't both live off £60 a week, pay our gas, elec, food, rent, council tax and CSA let alone a tv licence or phone line

There must come a point when CSA don't cripple you for a whole year before you can get it lowered surely?

Found_true_love

Go for it, if your OH has no work then go onto JSA, get a variation (his income will be below the £100/week threshold) and then you will get to pay £0 maintenance (I think)

speedster

newlywed wrote: »

I'm in line for redundancy too. What happens then?
If OH can claim jsa then will the csa listen?

We can't both live off £60 a week, pay our gas, elec, food, rent, council tax and CSA let alone a tv licence or phone line

There must come a point when CSA don't cripple you for a whole year before you can get it lowered surely?

no. they are leglly required to assess you at your current level of income, so if he signs on, it's a flat rate of £5 a week.

romanempire

The NRP should put in a claim for JSA anyway if he's not working. He probably won't get anything for a few weeks (except his NI paying) but he will be nil assessed by the CSA.

BTW its a fallacy that self-employed can't claim JSA. They can't claim contributions-based JSA because they can't make any Class 1 NI contributions. But they can claim income-based JSA after a fairly lengthy waiting period of signing on (not sure how long).
Its better if you work through your own limited company because you can lay yourself off when the company has no work. As an employee of your own company you'd be paying Class 1 NI on any wages you draw which means you'd be entitled to contributions-based JSA which is much easier to claim.