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Special payments

Sally87
Sally87 Posts: 54 Forumite
edited 6 May 2010 at 10:26PM in Child support
I have posted on here before about the CSA: https://forums.moneysavingexpert.com/discussion/1138071

My son turned 5 a couple of months ago and I asked for a reassessment, and got sent a letter saying that my ex will now have to pay £5 a week (he's never paid anything so far). I rang up to find out when his circumstances changed and would it be backdated (I find the rule that it's up to me to ask for reassessments all the time stupid, we have no contact and I can hardly ask every week just in case) - anyway, the lady I spoke to was just as confused as me as it turned out nothing had changed, he's still on the same benefit he has been on since the beginning. She said she'd look into it for me.

I hadn't heard anything so I rang back today and asked to speak to the same lady (since she actually seems good), and after the usual mumbling, putting me on hold and accidentally hanging up on me, they must have got hold of her and she rang me back - turns out that my ex should have been paying the £5 a week from the beginning! I have no idea why they always classed it as a nil assessment, it wasn't just one person making a mistake, it's come back as that when the case has been reassessed as well :mad: but I am very grateful for this one woman for sorting it out :)

She said she had referred my case for a 'special payment' and that it would take a few weeks and then they'll make me an offer - does anyone know what that is likely to be? £5 a week over 5 years adds up to £1300, will it be anything like that, or are special payments just a kind of token gesture? As it's their mistake I feel like they should be paying me the full amount, but it's a lot of money so I don't want to get my hopes up.

Comments

  • Debicj
    Debicj Posts: 193 Forumite
    I agree that it would seem to be fair that the CSA compensate you for all the 'lost' payments. Wait to see what they offer and if you are not happy with it, write in and make an official complaint regarding the CSA's incompetence and errors.

    When I complained about a similar matter, I worked out all the maintenance that had been 'lost' due to the CSA making mistakes and listed it step by step. Then I requested that they pay me the full amount. I didn't get the exact amount but I did get somewhere near it!

    Make it hard for them to argue with the facts and you never know, you might get somewhere.
  • Sally87
    Sally87 Posts: 54 Forumite
    edited 5 May 2010 at 11:28PM
    Debicj wrote: »
    I didn't get the exact amount but I did get somewhere near it!

    :j that was what I wanted to hear! Thank you for replying :)

    Anyone else had any experience of this please?
  • Sally87
    Sally87 Posts: 54 Forumite
    Just to update - received a letter today offering me the grand total of...25 quid. !!!!!!?? After 5 years of nothing?

    Can anybody please give me an idea of what to do next? It says in the letter 'There is no process of appeal against the amount of a special payment as within Child Support law there is no legal requirement to pay or consider compensation.' How can this be right?
  • chriszzz
    chriszzz Posts: 879 Forumite
    Sally87 wrote: »
    Just to update - received a letter today offering me the grand total of...25 quid. !!!!!!?? After 5 years of nothing?

    Can anybody please give me an idea of what to do next? It says in the letter 'There is no process of appeal against the amount of a special payment as within Child Support law there is no legal requirement to pay or consider compensation.' How can this be right?

    Your ex had been paying them £5.00 a week which your child never recieved, how can they get away with just giving your son £25 out of the possible 1300?? Looks to me that the government can take what they want and then play stupid by way of never recieving phone calls, letters, always passing the buck and then state there is no legal requirement to pay or consider compensation.
    It is your sons money that they have been keeping hold of and it is is there job is to make sure children recieve manintenance from NRP, why is it that some have no problems with the csa and yet others have a nightmare of a time with them.

    I would go and have consultation with solicitor and see where you legally stand with this, otherwise there are going to be other children loosing out .
  • Sally87
    Sally87 Posts: 54 Forumite
    chriszzz wrote: »
    Your ex had been paying them £5.00 a week which your child never recieved, how can they get away with just giving your son £25 out of the possible 1300??

    No, the problem was that he had never HAD to pay anything as they kept putting it as a nil assessment for no reason!

    Oh, and after constantly saying that they couldn't tell me what benefit he was on for data protection reasons, the second sentence of the letter tells me he gets carer's allowance:think:
  • chriszzz
    chriszzz Posts: 879 Forumite
    Sally87 wrote: »
    No, the problem was that he had never HAD to pay anything as they kept putting it as a nil assessment for no reason!

    Oh, and after constantly saying that they couldn't tell me what benefit he was on for data protection reasons, the second sentence of the letter tells me he gets carer's allowance:think:

    Does that mean he does not have to pay cm due to him claiming carers allowance?

    So they have also breached the data protection act! How on earth are people to have trust in the csa when they make so many mistakes?

    There must be a way that the csa have to be responsible for there actions.
  • Sally87
    Sally87 Posts: 54 Forumite
    chriszzz wrote: »
    Does that mean he does not have to pay cm due to him claiming carers allowance?

    It means he should have been paying the flat rate (£5 a week), rather than had a nil assessment.
    chriszzz wrote: »
    There must be a way that the csa have to be responsible for there actions.

    Couldn't agree more!
  • mum24boys
    mum24boys Posts: 100 Forumite
    If you are on benefit you would not have 5yrs of maintenence backdated as the goverment kept it to pay for the benefit. The rules have changed recently.
  • shell_542
    shell_542 Posts: 1,333 Forumite
    mum24boys wrote: »
    If you are on benefit you would not have 5yrs of maintenence backdated as the goverment kept it to pay for the benefit. The rules have changed recently.

    That's incorrect. A person on benefits was allowed to keep the first £10 a week, which then increased to £20 a week before the latest rule change. The OP would have received the £5 a eeek had the assessment been done properly.
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • Sally87
    Sally87 Posts: 54 Forumite
    Thanks for the replies, going to bed now, but does anyone please have advice on what I should do next? Debicj who originally replied to my post - if you read this, who was it you wrote to?
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