Q&A with Work and Pensions Minister Maria Miller on child support changes

Orson_Cart_2

So if the CSA makes a mistake, then deliberately forces an NRP to make over a money transfer to them while knowing or believing that transfer to be result of a mistake, then isnt that a criminal offence under Section 2 of the 2006 Fraud Act?

I really cant see any adjudication officer putting their own livelihood in jeopardy and risking a criminal record.

Civil servants must be of good honest character.

kelloggs36

No because the new assessment is the corrected one - that has led to the previous one being undercharged. Had they known it was wrong the the first place they would have corrected it then, so they weren't aware until later that it was a mistake.

claire111

Here's my question for MARIA MILLER

Personal Injury Claim by NRP

Why is the 'Lost Earnings Element' of a claim for personal injury compensation currently NOT considered as assessable income for the purposes of Child Support ?

I have been advised that I should apply for a variation but the variation ruless don't allow it to be assessed either-

2. Assets
The Child Support (Variations) Regulations 2000 Part V 18.3 (c) indicate that assets received for personal injury are totally disregarded.


Fair enough, anything claimed by a NRP for "pain and sufferring, loss of amenity, mileage and parking for medical appointments, carers fees, prescriptions etc" should NOT be assessed but for goodness sake a percentage of an NRP's lost earnings should be set aside for Child Support. If the NRP had earned it weekly it would be assessed.

Otherwise...... what happens is........ that the courts make an order against the defendent which put the claimant NRP in a better financial position for having had the accident !

The father of my children is due to receive, oooh about £120k or maybe more. He pays £5 per week child support as is on invalidity benefit. Actually I will never know how much he receives because he doesn't have to tell me.

The children suffer.

Madness....

shell_542

That's another point that would need to be judged case by case though, because in my husband's case, when he was off work for a short while due to being knocked off of his motorbike, we continued to pay the child support as normal. So when he gets his loss of earnings back, I would hope he wouldn't then be told to pay a percentage of it on child support as effectively he would be paying twice.

Orson_Cart_2

I think Rustic meant the CSA overcharging the NRP by mistake then intentionally enforcing it knowing the money is not lawfully due.

Orson_Cart_2

claire111 wrote: »

2. Assets
The Child Support (Variations) Regulations 2000 Part V 18.3 (c) indicate that assets received for personal injury are totally disregarded..

That is because its the NRP income and not the PWC income.

The PWC would also need to make a separate claim under the Personal Injury Protocol to recover her losses from the liable party

Otherwise the PWC could claim from the NRP's PI compensation money and claim it all again under the PIP.

Rustic100

Just to clarify. The mistake I am refering to is the CSA possibly losing/sitting on information i have provided, and then years later coming back and saying Ooops Sorry weve reassessed - you pay (regardless of the effect on children)

Some specifics, I have had a private agreement with the mother of two of my children and the CSA only got involved when the mother of my other child switched from a private agreement to CSA.

Within the laws as I understand them, the CSA sitting on information for five years means that my five years of supporting my other two children will not be taken into account in the new assesment.

Also, because I took the CSA assessments at face value, I spent most of my discretionary income, on my children. So I don't have any money banked to cover CSA mistakes. When my daughter (who I pay through the CSA) became 13 she wanted to come and live with me.

So I am disgruntled as an NRP, I have recieved no money as a PWC, I finacially supported my children before the CSA involved and would anyway, to be honest like most reponsible parents, the CSA are just a drain on taxpayers and I hope the new legislation does everybody a favour. But it must allow parents to have a way out if the CSA are messing up.
The legislation is almost there, in the Child Mantenance and Other Payments Act 2008 S 33. Just needs bringing into force and allowed to apply to general unreasonable CSA actions.

Former_MSE_Wendy

Rustic100 wrote: »

MSE Wendy,

Any idea when these questions to be put to the Minister? Matt your summary seemed to miss some questions including mine about arrears not owed if clearly a CSA mistake.
PS what sort of biscuits does Maria Miller like?

Original post updated to say:

Update 10 March. Work and Pensions Minister Maria Miller has agreed to answer a few questions from MoneySavers about the planned changes so we've sent her a few questions from this thread and will post her reply asap. Please rememebr she won't be able to answer all the questions asked.

We'll be picking a few questions soon Rustic and the answers will be put in this thread.

claire111

Orson_Cart wrote: »

That is because its the NRP income and not the PWC income.

The PWC would also need to make a separate claim under the Personal Injury Protocol to recover her losses from the liable party

Otherwise the PWC could claim from the NRP's PI compensation money and claim it all again under the PIP.

That is because its the NRP income and not the PWC income.

I'm sorry I don't know what you mean...

Yes it is the NRP income. NRP income should be assessable for child support.



Could you point me to the section of Personal Injury Protocal which you think may apply ?

I have previously been advised by Family Law solicitors that that approach would be a complete, absolute, no-no.

Thanks so much for any help

CornishBloke29

DX2 wrote: »

Of course Matt missed some question's His posts are purely NRP based.

Nothing stopping you putting your questions forward.