Any info on SECTION 29?

monkeyvil

Hello everyone
I have today appeared in court for a liability order against me, for a period dating back to when the child lived with his mother dec 2001 - apr 2003.
It nearly went in my favour after the court heard the list of maladministration errors that have occured in this roll reversal case, in which the mother now owes me £3700, compared to £948 when I was the NRP, which she is not even going to benefit from as that amount is owed to the secetary of state. The magistrate panel retired to deliberate whether to issue the order on hearing my evidence, and came back with a book stating that "where the debt is older than six years a order cannot be granted" my immediate thoughts were yeah CSA with egg on there faces and the magistrate was going to deny the order. However the CSA clerk said legislation had been changed in Jan 2006 cancelling the six year ruling, oh bum .
The magistrate made it clear to the CSA clerk that "it was with great regret he had in the eyes of the LAW no option but to grant the order"
Thats the bad news, good news was a call to the PHSO, in which they mention that the CSA had the powers to waiver arrears under section 29. So my question is does anyone know anything about section 29?

speedster

as far as i know the csa have absolutely no powers to right off arrears.

they can be offset when residence changes, but different in your case as your arrears are for the SOS.

millwall34

I had an ex employee who had probs with CSA, I remember a) magistrates cannot question how the assessment was calculated, something about Section 33(4) of the Child Support Act. b) arrears CAN be written off, but only if the CSA correct a wrong assessment that results in a nil debt against dad.

monkeyvil

This is complex and I shall try explain as easy as I can. December 2002 £948 arrears suspended, even though I failed when making a claim for a departure. In my DPA I establish that it was a phone call which they listened to the fact ex had left me with £21000 debt, I was on verge of ill health retirement (not to cancer though which they had stated) and apparently the agreed to suspend for 3 months. No correspondence or anything. May 2003 closing balance adjusted £185 as son came to live April 2003. July 2007 unsuspend £948 without warning, as I was chasing counterclaim whereby ex now owes £3700. Spent 3 years going backwards dealing with CSA, ICE, PHSO, MP's.
Court apperence last Wednesday, magistrate could not believe what they were hearing re CSA goings on. Thought they were going to get me off debt so to speak with statute limitation, but they were reading off old law book, CSA piped up immediately saying law changed in Jan 2006, so as I said liability order granted with strong objection from magistrate. Called PHSO advised of CSA waivering arrears under section 29, still awaiting call back from them to establish what section 29 is?

blimey40

This is section 29, make of it what you will..........

Collection of child support maintenance
(1) The Secretary of State may arrange for the collection of any child support maintenance payable in accordance with a maintenance assessment where—
(a) the assessment is made by virtue of section 6; or
(b) an application has been made to the Secretary of State under section 4(2) or 7(3) for him to arrange for its collection.
(2) Where a maintenance assessment is made under this Act, payments of child support maintenance under the assessment shall be made in accordance with regulations made by the Secretary of State.
(3) The regulations may, in particular, make provision—
(a) for payments of child support maintenance to be made—
(i) to the person caring for the child or children in question;
(ii) to, or through, the Secretary of State; or
(iii) to, or through, such other person as the Secretary of State may, from time to time, specify;
(b) as to the method by which payments of child support maintenance are to be made;
(c) as to the intervals at which such payments are to be made;
(d) as to the method and timing of the transmission of payments which are made, to or through the Secretary of State or any other person, in accordance with the regulations;
(e) empowering the Secretary of State to direct any person liable to make payments in accordance with the assessment—
(i) to make them by standing order or by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him;
(ii) to open an account from which payments under the assessment may be made in accordance with the method of payment which that person is obliged to adopt;
(f) providing for the making of representations with respect to matters with which the regulations are concerned.Collection of child support maintenance
(1) The Secretary of State may arrange for the collection of any child support maintenance payable in accordance with a maintenance assessment where—
(a) the assessment is made by virtue of section 6; or
(b) an application has been made to the Secretary of State under section 4(2) or 7(3) for him to arrange for its collection.
(2) Where a maintenance assessment is made under this Act, payments of child support maintenance under the assessment shall be made in accordance with regulations made by the Secretary of State.
(3) The regulations may, in particular, make provision—
(a) for payments of child support maintenance to be made—
(i) to the person caring for the child or children in question;
(ii) to, or through, the Secretary of State; or
(iii) to, or through, such other person as the Secretary of State may, from time to time, specify;
(b) as to the method by which payments of child support maintenance are to be made;
(c) as to the intervals at which such payments are to be made;
(d) as to the method and timing of the transmission of payments which are made, to or through the Secretary of State or any other person, in accordance with the regulations;
(e) empowering the Secretary of State to direct any person liable to make payments in accordance with the assessment—
(i) to make them by standing order or by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him;
(ii) to open an account from which payments under the assessment may be made in accordance with the method of payment which that person is obliged to adopt;
(f) providing for the making of representations with respect to matters with which the regulations are concerned.

monkeyvil

I am going to see if this works!

Google child maintenence and other payments act 2008

33 Power to write off arrears
After section 41D of the Child Support Act 1991 (c. 48) (inserted by section 32
of this Act) insert—
“41E Power to write off arrears
(1) The Commission may extinguish liability in respect of arrears of child
support maintenance if it appears to it—
(a) that the circumstances of the case are of a description specified
in regulations made by the Secretary of State, and
(b) that it would be unfair or otherwise inappropriate to enforce
liability in respect of the arrears.
(2) The Secretary of State may by regulations make provision with respect
to the exercise of the power under subsection (1)