On CSA1, can I transfer to CSA2?

kevin137

jojo_2012 wrote: »

Way to try and dodge your responsibilities I love this forum :T

At what point did the OP try and avoid the payments, he asked how to get onto the fairer CSA2 system, what he got was the advice that he legally has to notify them of a change in circumstances...! Which you cannot argue with, because the CSA can prosecute for not notifying a change in circumstances, and if indeed he does so, then he has no LEGAL obligation to pay....

So follow the CSA rules and

1 notify them of a change the avoiding legal action for failure to do so.

2 ask for a reassessment, they are legally obliged to do so.

3 sit back and wait for the letter from CSA telling you the case has been closed.

4 pay what you want when you want if you so choose to do so...!!!

Orson_Cart_2

You are paying 30% but have a child living with you, on CS1 you should only be paying 20%.

Claim a refund of 10% of your net income from the date of your childs birth and get your assessment corrected. It might be a CSA mistake so give them ample opportunity to comply with CS1. If you are fobbed off with excuses then take down names of individuals and contact your MP before you leave the UK.

When you telephone the CSA, record the call. That way you capture any stupidities they say to you which can be used in evidence later if the CSA denies saying it.

If money is not a problem, then you can instruct a lawyer such as Stephen Lawson who is clued up on CSA, or Child Maintenance Advice centre who have lawyers. Negotiate the fee in advance before they start work, then instruct them to recover your costs afterwards if your case is in your favour. You will need your childs birth certificate to prove he was registered in the UK. There is a known internal communication between DWP - National insurance, thus, the CSA is reasonably aware of your circumstances (same department, share the same terminology etc) and the public registry of BD&Ms

Be firm, avoid evasive and vague answers to your questions in any initial consultation with a lawyer. If he says you things like you "might" or "could" be able to obtain your refund for overpaid child support, ask is there any legislation currently in force that says you cannot. Any reputable lawyer specialising in CSA will know this.

DUTR

MichaelFenton wrote: »

Thanks for the fast reply, getting someone else to claim? I dont understand.

Saudi Arabia does not have a bilateral agreement with the UK on child support, it is banned under Muslim Sharia law.

Sorry, spouting what figures? sympathy vote? New to all this.

What was meant in my original reply, being a non resident parent to a new claim encourages a transfer to csa2.
As for spouting figures, the salary earned etc, whether someone is on £200 per week or £2000 per week, the % paid is still the same with similar circumstances.
It is not for us to spend your money for you , although contributing something from a high salary is naturally going to still leave plenty of disposable income compared to someone on say £250/week, since other expenses remain the same regardless of income.

Orson_Cart_2

kevin137 wrote: »

because the CSA can prosecute for not notifying a change in circumstances,

Its only a crimininmal offence for failure to notify the CSA a change of address. But for the OP, that doesn't apply because he will already be out of UK tax by the time his 7 days limit comes.

kevin137

Orson_Cart wrote: »

Its only a crimininmal offence for failure to notify the CSA a change of address. But for the OP, that doesn't apply because he will already be out of UK tax by the time his 7 days limit comes.

But it IS still a criminal offence, so he does have to notify them. And that is a change of circumstances so should be done.

Technically, even if the same employer, his job role and payment structure will change as well, and if he does NOT notify them, even with a change of address to Saudi Arabia, he will still incur arrears if he does not pay because he will not of notified them of his circumstances. That could equate to an awful lot of money as a debt when he returns to the UK in the future, and knowing what the CSA are like, even if notifies them, unless he can prove he did so, they will not take his word for it. So he has to do the right thing and follow their own rules, and make sure he obtains confirmation of receipt. Fax is always a good idea as well as recorded delivery.

And if you want to know exactly what is in your file after you have done all this, send them a cheque for £10 with your NI on the back requesting a copy of your file under the data protection act. This must be sent in a secure manner, which if resident overseas means they can only send by courier. The cost to the CSA is going to be around the £50 mark and will include all recorded conversations on disk. It will give the OP peace of mind to know that the receipt of notification is in the file, and if it isn't raise a complaint as to why not and why the case was not closed. This can all be done when moved, and if you need to involve the Embassy in that country, they should act on your behalf the same way as an MP does.

kevin137

Oh and before anyone jumps on the bandwagon saying that it is outrageous, that i am giving the OP ways out of not paying, this is how the CSA works, their rules.

I am NOT suggesting that the OP does NOT pay, i'm saying that he does not have to pay the way he has been doing, and if he decides to make payment, then it is up to him and none of us. Morally it is him that has to live with his decision, so don't bother slating me cos i don't care.

If i had tried to be fair and go through the CSA then i would reduce the payments over time to bring it back in line with what a CSA 2 claim would of been. All the lies and tall stories that the CSA have used along the way to make CSA 1 claims pay more has (in my opinion) nothing to do with them being able to move them, more about that they are collecting MORE MONEY so their figures look better...!

Just my opinion though...

MichaelFenton

Chaps and chapesses, thanks for all your speedy replies.

I have noted from your advice, the time limit for notifying a change of address or circumstances is 7 days after the event, and not 7 days before the event.

One of you said something about paying too much because I have a child living with me. Im on CSA1 and I have 2 CSA children and one cohabiting child. I have all my CSA correspondence in a box file and I announced my new arrival to the CSA in 2005 in April 2005, but their response was a computer generated statement giving the same figures as before, £1316 a month, which is about 30% net pay at that time.

Can anyone clarify what the % should be?

MichaelFenton

poor_country_girl wrote: »

oh yeah, and I concur with the others - report your change of circumstances immediately, by phone first then confirm by letter, they will only action this change from the day you inform them! - also make sure the payroll for the company is also non-uk as I suspect it will be.

Good luck!
Kath
x

I understood its 7 days before (or after) the event and that wont be until feb/march next year.

Current employer is a UK bank based in canary Wharf, prospect employer is a Saudi bank, no relation, but its a similar line of work.

LovesDennys

The CSA disregards direct payments for Chuild Support purposes, so if your PWC is on benefits, then she is guilty of BENEFIT FRAUD.

She can only receive CHILD SUPPORT on top of her benefits.

Also, as you make the payment, you could be guilty of assisting an offender under Section 4 of the 1967 Criminal Law Act.

It looks like the law actually PREVENTS you making any payments to the PWC.

kevin137

MichaelFenton wrote: »

about 30% net pay at that time.[/FONT]

Can anyone clarify what the % should be?[/FONT]

Not sure exactly how CSA1 works, but it definitely sounds way to much...

Send a PM to kellogs, you can find her in the forum easily enough, she knows her way around CSA1 so may come up with more accurate figures for you.

Try working out what you would of paid on CSA2 as well just to see what you would of been paying had the CSA actually done what they where supposed to do way back in 2003 and move you over... Then see how much you have overpaid because of there incompetence...