Please help, CSA, arrears and benefits

ACon

My husband was laid off before Christmas, and we've been waiting 18mths for the CSA to get their !!!!!! into gear over my eldest two children with my ex partner, we finally involved the MP and our case became "clerical" my ex partner had the first 12 mths arrears cancelled, as it was the CSA at fault, and they claim they will pay me that 12 mths in a lump sum (november 08 - november 09) My husband was working during those dates, but we are now on JSA, my first question is, if my husband is still on JSA when they calculate how much they owe us, and pay the lump sum, will we lose out on it? (over £1000 expected)
second question, my ex paid his arrears from november 09 - feb 10 just 2 weeks ago, but theyve only given me a fraction of it, and "dont know" whats happened to the rest, this was calculated at £11 a week as hes now part time, so not over the £20 a wk benefits allow, but as its in a lump sum, has it now been taken by SoS?
any advice much appreciated.

Donedoingdebt

In answer to your first question, assuming the CSA case was opened after March 2003 & the case is on the newer CS2 rules, what your Husband is earning or what benefit he's on should be irrelevant to the CSA assessment on your ex partner.

It should be the case that your ex should be paying a straight 20% of his net pay for your 2 children & any arrears that you're owed will be paid to you after any arrears that are due to the SoS are paid.

Sorry, can't help you with your second question.

CSA_Debt_Bod

1st question - if the arrears are owed from a time when you weren't on benefits, you will receive all of the arrears and your being on benefits won't make any difference.

2nd question - what do the CSA mean they don't know where it's gone!? Don't accept this answer from them. Ring them back and demand to know where the money is. From what you have said, it sounds to me like you should have received all of it. It being paid in a lump sum makes no difference.

ACon

They did say yesterday that the payments are on the system as one payment of £32 and one of £110, I have received the £32. They said something about it being lost in the system first, then said it was an amount not big enough to be paid out?? Then admitted they had no idea. They have said they'll phone back today....
So my 12 mths of arrears due from CSA, even if we are still on JSA, I should be allowed to keep it as it was for a time when were not claiming any benefits? Im not even sure how JSA works, as Im not personally claiming it, my husband is, we have a 9wk old baby so Im unable to be available for work.

CSA_Debt_Bod

Yes that's right, ACon, you should receive all the arrears that accrued during the time when you were not receiving benefits.

Sometimes the system splits payments, as has happened to you, and decides to set some of the payment to go out at a date in the future..hopefully not too far ahead. If you can speak to someone who knows how to do their job properly, they should be able to tell you when the rest of the payment is due to go out to you. And they should also be able to confirm to you that the arrears will go to you and not the SOS, it is simple and quick for an officer to check this and put your mind at rest.

ACon

thank you.