Urgwnt CSA1 case

PreludeForTimeFeelers

Marisco wrote: »

If you don't agree with him paying the arrears, then just give them to him back when you get it every month! That saves all the flaff of appeals etc. See how much it is, then just do a standing order for it to go back into his bank the day after it goes into yours. Job done!:)

I think that the problem is the majority of his debt here is going to be to the Secretary of State, so if the assessment was about £100 per week, only £10 per week was due to the poster, and the other money will go the the SoS.

PreludeForTimeFeelers

nannytone wrote: »

the wife wants me to tell them he was giving me money, which he wasnt. her reasoning seems to be that because i dont work, they couldnt make me pay. but his CSA case is a civil matter. i'd be admitting to a criminal offence (*benefit fraud)
to be honest if i thought that would help him, i would probably do it, but i'm not prepared to get a criminal record for something that i never did!

That's fair enough, it's not really down to you to lie and say that it was you who failed to tell the truth to the CSA about direct payments.

kelloggs36

Firstly you need to establish the dates with the CSA that they have you as an IS claimant - all the while you were on benefits, you have no choice as to whether they collect the money as it is not owed to you, but the secretary of state. Once they have the correct dates you were on benefits, then you can opt not to have the remainder of the money collected - this IS possible.

Secondly, HE needs to establish the address they sent the original MEF to back in 1996. If he has concrete evidence that he was living somewhere else, then they would be able to close the case and wipe the arrears, but if not, then he has no right of appeal, and will owe the money.

Marisco

PreludeForTimeFeelers wrote: »

I think that the problem is the majority of his debt here is going to be to the Secretary of State, so if the assessment was about £100 per week, only £10 per week was due to the poster, and the other money will go the the SoS.

But if she was only on benefits for 18 months, surely the arrears for that time cannot be 42k????:eek: I thought they only took back CSA for the period that benefit was claimed. Unless they thought she was on benefits for the much longer?? If it's owed to the SoS, then quite frankly there is sod all he can do!! They'll take it regardless of whether anyone can afford it or not!!:mad:

nannytone_2

thanks everyone!

marisco......they arent giving me any money........not even the £10 a week for the 18 months that i would have been entitled to it.

just another thought. is there somewhere that i can find out what the benefit rates weren in 1993 to 1995?
because i'm sure i wasn't receiving £90 a week in income support, but cant remember how much i was getting.

surely they should only be recouping the money they actually gave me in benefits minus the £10 i would have been allowed to keep?

jetta_wales

nannytone wrote: »

thanks everyone!

marisco......they arent giving me any money........not even the £10 a week for the 18 months that i would have been entitled to it.

just another thought. is there somewhere that i can find out what the benefit rates weren in 1993 to 1995?
because i'm sure i wasn't receiving £90 a week in income support, but cant remember how much i was getting.

surely they should only be recouping the money they actually gave me in benefits minus the £10 i would have been allowed to keep?

That might not be the case if you were also getting housing benefit and council tax benefit too. They could count it towards those I guess, not sure.

Marisco

I was on income support (as it was called then) 93/94 and it was £46 and pennies pw. That was actual money "in your hand" not including HB and CT. That was for a single, no kids person. Try this:)

http://www.wro.org.uk/wro-net/Rates95.HTML

CSA_Help

nannytone wrote: »

thanks everyone!

marisco......they arent giving me any money........not even the £10 a week for the 18 months that i would have been entitled to it.

just another thought. is there somewhere that i can find out what the benefit rates weren in 1993 to 1995?
because i'm sure i wasn't receiving £90 a week in income support, but cant remember how much i was getting.

surely they should only be recouping the money they actually gave me in benefits minus the £10 i would have been allowed to keep?

Here is a link to the ones the CSA use

http://www.ifs.org.uk/fiscalFacts/benefitTables

kelloggs36

OP if you were getting more child support than benefits, then you should have been taken off benefits and been made to live off the child support - the assessment looks to me to be an IMA cat A, which is a penalty assessment, so not based on the income of the NRP. This needs to be converted to an FMA so the NRP needs to send in their income and housing cost details to the CSA to get them converted - after establishing the address the MEF was sent to in the first place.

Sidekick_2

OP, Kellogg's is probably right.

In my case, PWC1 was asked if she wanted to pursue the alleged arrears, and she said NO. The csa did not pursue the arrears owed to the PWC1, however they did pursue other alleged arrears.

The CSA state, he has no right of appeal, as he is out of time. This would be correct, however he can ask for a review of the initial assessment. They will no doubt refuse, when they refuse he may appeal this decision to. If they keep refusing to review and he appeals, the appeal will go to the tribunal where he may put his case in front of a judge.

I had approximately 30 K in the alleged arrears, after a review I was in credit. The process took some years, in the meantime the CSA took out liability orders, charge orders on my house and bailiffs at my door. The stress this causes to the family has been stated many times on this and other forums, so he will need to be prepared for a bumpy ride.

God bless the CSA !