Overpayments and paydirect - update

Blue_Horizon

I've posted a couple of times on my situation and it finally was resolved recently. To recap the history:

I'm on CSA 2, since 2006. 2 children now 17 and 19. Was paying direct, using CSA assessments until early last year when PWC requested CSA collect, so I now pay by SO.

About 2 years ago I found out that my eldest left college as just got fed up with it and increased hours in p/t job. I told CSA and they said as CB was paid I still had to pay. They suggested I report PWC to CBA, which I did. They didn't change their decision. I then appealed on the basis of CS law does not refer to CB at all and won appeal (Feb 09).

This meant that I had overpaid by about £2k. This is when the PWC requested payment via CSA, and she also refused to repay. Since then I have pursued the CSA for the overpayment and was told that they couldn't repay as previousily payment direct. Again, CS act does allow for this and I involved my MP. CSA case eventually transferred to a complex case worker to took advice and agreed. This was last summer.

Since I have really struggled to progress. The case was being dealt with by Bolton and their were lots of changes of case worker. Also the PWC made it as difficult as possible by requesting a CoC. In Nov I complained and copied in my MP. Case was transferred to Falkirk, where it was finally resolved this week. Overpayment is now recognised and a new payment schedule has been issued. They have even promised compo, I expect this to be around £100.

Believe me this is a big relief, it's taken 2 years to get the CSA to abide by the CS act. It's incredible how most of the caseworkers flob you off without understanding the law.

People on this forum have been great at providing advice and encouragement. At times it would have been easy to give up. I've also found the forum at A Fairer CSA for All and NACSA really useful.

The lesson for me is keep plugging away and you will get their in the end.

PlayingHardball

That is great news Blue - you are right, the people at CSA don't even understand their own laws, its shocking! It takes all the hassle and much stress having to go down your route to get anywhere. It just shouldn't be that hard!

Well done, its only 2k but at least you got there. As for the CSA comp of £100, laughable considering what you've had to go through! But hey, better then nothing.

CSA_Help

Well Done Blue_Horizon

It is now apparent that if you quote them their law they actually take notice .

bdt1

Blue Horizon, please could you point me to the precise law regarding child benefit in connection with child support, think my case may be opposite of yours, cb was not paid for a few months for a child (over 18 in qualifying further education) as child benefit office made many clerical errors, resulting iin no child benefit payments made for younger siblings, so PWC didn't bother pursuing cb although child over 18 was still eligible for cs. NRP challenging that QC was not eligible as no CB paid for that brief period, but child did qualify for CS just no child benefit paid, as when PWC reported that 18yr old in full-time studies, CB Office stopped all CB for younger siblings in household, this went on for months with CB Office, many phonecalls etc, so PWC gave up on £10 p/w or so CB in end, and managed to get CB reinstated for 2 younger children ages 3 and 15 at time???? Hope this makes sense.

Blue_Horizon

bdt1 - will send you a PM

Steve40_2

My oldest daughter always lived with me or my mother but i was told by the csa that i had to pay my ex wife CSA because she had the CB book . You have struck a nerve in that i have read the orange volumes relating to CS but this point never occurred to me . Thanks its good info

Blue_Horizon

Steve - look up the definition of the Qualifying Child - Child Support Regs 2000 (Schedule 1).