have they maladministered?

crazycrazy

sorry i feel like im hogging the board a bit... but i have another question

i found this when i was looking around and it appears to say if another claim was made for CS after the specified date then it should have put my case onto the new rules yes or no??

Q. Can clients ask for their case to be moved to the current child maintenance scheme?

A. No. It is not possible to ask for a case to be transferred to the current scheme, the only reason people will move to the current scheme is if their case becomes linked to a new child maintenance application made on or after 3 March 2003.
For example, we will move the first child maintenance case from the old scheme to the current scheme so that both cases are set up on the same scheme if:

• a parent with care already receives child maintenance for one child
• they make an application for another child on or after 3 March 2003, and
• that child has a different non-resident parent to the child the parent with care already receives child maintenance for.

so in my case my x claimed from me and i was on cs1 she then had another child with someone else a few years later and made a claim in 2004 i know he pays on cs2 so looking at the passage should i have not been transferred to the new rules?

the difference at the time would have been £60pm and in all honesty if my children were getting it then i wouldnt mind but as the x is on benefits then she doesnt get much of it anyway. Plus if the law says i should have been on one or the other then after all its the law.... (2 can play at their game)

LizzieS_2

The new rules would only apply to you if another claim was made against you by either the same pwc or a second pwc - the pwc in your case is making claims against 2 nrps, not just you so it doesn't change your costs*.

* it should technically half the carer element I think but still keep you on csa1. Check with Kelloggs as she knows more detail.

borders_dude

crazycrazy wrote: »

...in all honesty if my children were getting it then i wouldnt mind but as the x is on benefits then she doesnt get much of it anyway. ...

Im fairly certain that from April that isnt the case. Im sure my ex whom I pay maintance to said that from April there is a full disregard, meaning she gets all her benefits plus the money I pay for my daughter every month.

kelloggs36

In theory both cases should have migrated over, but you won't have got the full new rate straight away; it can take up to 5 years to phase in the new amounts. However, there were many cases of PWCs with multiple NRPs on different schemes as it didn't affect the NRP contribution. You should check to ensure that there was a second case and then ask for a written explanation as to why it was not switched over.

crazycrazy

so technically they should have moved me but as they were getting more money for the SoS, it suits them to ignore their own rules?