Please Help,CSA wont start a new claim???

jacob0902

Brief outline,split with ex,I was NRP. I payed CSA untill feb 2008 when son came to lived with me for 12 months. My ex didnt tell CSA that he was no longer PWC,and I didnt go to CSA to claim because I didnt want too!! During the 12 months he was here,the Child benefit,tax credits,DLA was all payed to me,legally. Son then went back to ex in 2009,ex then claims CSA again from me!! However CSA say its still on OLD rules because the old case was not closed when son came to me!! I have been told that the CSA should start a new claim (New Rules) from Feb 09 when son went back to ex,but they say beacuse they were not told of the situation its tuff !!!!! even though I can prove easily I was PWC. You all may ask why I want the new rules,the reason being is private,but VERY important to me!! So how do I go about the case being started as a new case from the Feb 09 which it should be??? Thanks

missmontana

You have to close the old case, wait for about 12/13 weeks, then open a new case under the new rules.

There are posts about this somewhere else on here.

But, they should have been informed of a change of circumstances.

jacob0902

Hi, I guess you may have misread my post...im the NRP,he has taken me back to CSA,even though I didnt when I was PWC. CSA say still on old rules as when son left my ex to live with me,the ex didnt tell CSA he had left. They should of closed case when son left,end of!!! Then ex should of started new claim last feb when son went back to him. They cant keep the case open for ex when son wasnt even living with him!!! I had all child benefit,credits,dla etc when he was living here,so easy to prove.

borders_dude

jacob0902 wrote: »

You all may ask why I want the new rules,the reason being is private,but VERY important to me!!

Most people under 'old rules' would find it financially advantagous to be 'under new' rules. There is no reason to give an explanation as to why you want to be changed from one set of rules to the other providing the PWC stops the claim for 13 weeks then puts in a new claim.

fivalentine

get back to them and state that as the chils was not with your ex from feb 08 and even although they were not informed at the time the case sholud still be closed as legally there was no QC. put it all in writing and if that does not work take it to your mp

jacob0902

sorry what is qc? I spoke to them this morning and basically they said that as they were not informed of the change at the time that is why its still on the old rules... Anyone got the formular to how they work out the old system? Tried to look on web but no success as yet . :-(

kelloggs36

Even if they hadn't been informed at the time, if the issue was that it would have affected the case, they CAN backdate this sort of change so you should appeal against it. The PWC has a duty to inform them if the QC (qualifying child) no longer is a QC.

missmontana

Ah, ok , with you now! So the Ex should have informed them.

As everyone else says, put it in writing. Perhaps if things are amicable, get the Ex to sign aswell.

PlayingHardball

kelloggs36 wrote: »

Even if they hadn't been informed at the time, if the issue was that it would have affected the case, they CAN backdate this sort of change so you should appeal against it. The PWC has a duty to inform them if the QC (qualifying child) no longer is a QC.

Jacob0902 - how have you gotten on? I've read your thread with interest.

Kelloggs - I don't know if you realise how important you are to this forum and us ordinary smucks! There are so many of us out there that just take the CSA at their word, even though we know it 'doesn't sound right'.

I hope the OP will appeal!

WHY oh WHY can't the CSA know their own rules/regs when the public call for help!

Jacob-let us know how you get on.