Full time ed, but not really.

sarflee

DH pays CSA for DD. Unfortunately she didn't get the grades needed for uni of her choice so is retaking this year. Obviously her mum has advised this means we carry on paying, no problem, however in talking last night DD asked for some help with train fare as she is no longer entitled to EMA cos she is no longer full time.

It appears she has been enroled by the college as full time, but only has to go for 6hrs a week so can't get EMA, as apparantley you need to be at college for a minimum 12 hrs a week.

Why have a rule that full time education is over 12 hours but it can be fudged around to enable CTC/WTC/CB to be claimed by the parent and people paying CSA have to continue. DD also works 3-4 days a week earning around £150pw. This ends up a lot of money paid for one child!! How many other people are doing the same thing?

Paying CSA has never bothered my DH or me, never missed a payment, never discussed it with the kids, always helped out on top if necessary, but neither of us like being taken for a ride! Not even sure DD is aware we are carrying on paying, but not sure if we should mention it as we have never discussed CSA with any of the kids before.

skibadee

I may be wrong but if DD is earning that kind of money her mum maynot be entitled to CB.....and maintenace payments are not payable if CB is not being claimed,.....you really need to ring CSA and check.

bdt1

Get CSA to do a benefit check on PWC. They will be able to tell if child benefit and tax credits are still being paid to mother, if it comes back as she is still receiving these, yet DD only at college 6 hrs per week - this is benefit fraud.

For CSA purposes, if DD studying 6hrs only per week, you are no longer liable for child support, but CSA being what they are will believe word of the PWC, or tell you as long as child benefit payable you are liable. I would get something from college stating the hours DD is studying, so you can prove to CSA the lack of liability, if you have joint custody of the child college should give you this information, also ask for an attendance record, and ring CB Office and Tax Credit helpline if PWC is still claiming - our PWC did this to us, yet child wasn't even studying at all!!!! CSA believed PWC when she told them - DD is still studying (when CSA asked why PWC hadn't received any CB, WTC or CTC for over 4 months, PWC just told CSA 'OH I hadn't realised, I wasn't paid my benefits, and had them reinstated by lying)

sarflee

That is the problem, CSA only ask, don't check, and we really don't want to get anyone in trouble. DD is 19 in June and if I'm right CSA stops then? My post was more of a rant than anything. If the college are going to back up that it is full time i can't see there is anything we can do. We really can't be bothered with the hassle.

I think CB is payable whatever the child is earning, as long as they are in full time education, or being told they are anyway!! I have asked CB and WTC/CTC what checks they do to see if a child is in full time education and they just take the parent's word for it.

Thanks skibadee and bdt1, I think it may be a good idea to write to CSA and just check that we are still liable, the worst they can say is yes!

skibadee

Type of change You must tell the Child Benefit Office if your child:Changes in your child's education or training

• leaves school or college and starts working 24 hours a week or more, and they get or expect payment
• leaves school or college earlier than the date you told the Child Benefit Office
• stays on at school or college after the date you told the Child Benefit Office they would leave
• starts education that's been provided by an employer or as part of any other job or role that they have
• reduces the time they get supervised study at school or college to 12 hours a week or less
• starts a higher education course leading to a qualification like a degree
• starts being educated at home and is 16 or over
• starts training that's provided by their employer
• starts a training course that's not approved
• is 19 and starts a different course of education or training

Personally...after reading this I do not think DD mum is entitled to CB....therefore you should no longer be making maintenance payments.

SUESMITH_2

after my son going through the pain of not getting into uni and spending another year studying i can tell you that you have to be there more than 12 hours a week to get cb, my ds's has just been restarted cos he isnt 19 until july next year and is studying full time at a non advanced level. just got a notification that out tax credits will restart too.

shell_542

Op, it sounds like (whether intentionally or not) the mother is claiming child benefit and (any) tax credits fraudulently and maintenance isn't still payable. Personally, I would bring this up with Mum. Maybe in a roundabout way of "Are you aware that as DD is earning now and only attending college for 6 hours a week, CB and TCs are not supposed to be paid and neither is child maintenance". Maybe she isn't aware and will be grateful for the heads up.

On the other hand, maybe she is aware and will not appreciate being informed again but then it's up to you whether you continue paying and keep schtum.

I would rather, in that case, inform the CSA that SD doesn't qualify for maintenance, ask them to investigate, notify the CB people if need be and offer to support SD directly. That way you know, if the benefits for the ex stop, SD shouldn't be too badly affected financially, especially as she is earning too.