CSA but ive never claimed??

kelloggs36

Zara33 wrote:

Ok my interpertation: the OP claims to have told IS that she did not want to claim CSA from ex partner, firstly you are not allowed to choose whether you should or should not receive payments from an absent parent, the CSA will only ignore the absent parent if they are a danger to the PWC or the child. So i assume the OP was mis informed she should not have been claiming money from the secretary of state and getting more money from the absent parent on the side. Why should she have been able to receive 2 amounts of child support just because she decided that she didn't want the CSA involved

OP i am quiet surprised you managed to clear £900.00 of debt in one phone call to the CSA as a debt collecting agency they should be collecting the arrears that you owe to the state. Was this the amount owed for the time you were on Income Support, or for the whole period? If it was the period you were on Income Support, then they should not be writing this off as it isn't owed to you, but the State, and should be collected regardless of your arrangement. The money that he paid you direct should be recovered by you paying back the Income Support you had which covered this (unless you already had a reduction in your Income Support to take this into account - did you? It may be Official Error on part of the Benefits Agency, but the CSA can't make that decision.

As for jellycat well her OH is paying his child support again by personal arrangement when his ex is claiming IS, the reason why it is going via the new boyfriends bank account is so this money is not traceable when IS look at her claim again, so does jellycats OH really have proof that he has been paying maintenance.Doesn't matter unless she agrees it was for maintenance - he will have to pay again. Then any money he can prove has been paid to her, should be repaid by her to Income Support as she did not declare it. It is only deducted off what is owed, if she signs a receipt to agree she has been paid the money as child maintenance.

So surely you can now see where the benefit fraud comes into here?
Also the child is not loosing out because the state is paying for this child already, as the state believe the NRP is untraceable, but in reality they are not both PWC are getting cash in hand!

This is true. The first OP should have been receiving LESS income support as she was already getting money as maintenance from her ex for that 5 months. Either she needs to repay Income Support or they need to write off the overpayment if they have evidence that she told them of the amount she was getting from him and they failed to act on it. The CSA can't do this as it was Income Support's decision to make.

The second PWC may have been clever in covering her tracks as the money isn't being paid to her directly but into her BF's account and because she won't agree she has had the money at all then the NRP is liable to pay again to offset her Income Support and also even if she agreed she had the money, unless she agreed it was for child support, he will have to pay again.

nej

My wife was getting money from her ex for her daughter, but then he had a baby and it stopped. Fair enough, but the CSA wrote to her, asking her to repay him £500!

We replied saying that the money had been spent on DD already, and that we had asked her to empty her piggy bank but there wasn't enough in it, or something equally sarcastic...

More importantly, we said to her ex that there was no way we could afford to repay it, and more to the point why should we? It was for his daugher! Luckily he agreed, and he called them and said he didn't want the money back. We got sent another letter saying we didn't have to repay anything.

Perhaps the OP could call and say that she doesn't want the money? Seemed to work for us.

kelloggs36

It is extremely rare for the CSA to write and request the money back from a PWC once it has been paid out - usually because an assessment was wrong and then backdated to a lower amount. Even then, it is not usually requested back! If I got the money from my ex and it was requested back, I would tell them where they could shove it!

Zara33

:T :j :T :j way off topic but........this is why we could do with a CSA section and why kelloggs should be a board guide IMHO

kelloggs36

I am very flattered!!

sammy_kaye18

Zara33 wrote:

she did not want to claim CSA from ex partner,

So i assume the OP was mis informed she should not have been claiming money from the secretary of state and getting more money from the absent parent on the side. Why should she have been able to receive 2 amounts of child support just because she decided that she didn't want the CSA involved

OP i am quiet surprised you managed to clear £900.00 of debt in one phone call to the CSA as a debt collecting agency they should be collecting the arrears that you owe to the state.

1. He is not my ex partner and has never been my ex partner - we were always together but living in seperate properties after my son was born. Bf lived with his mother and i was in a bedsit until we decided it was best for us to move in with his mum too. Hence not wanting to claim the child support and seeing as we were together the Income Support form had a box asking specifically did i wish CSA to be involved - yes/no - so i marked no.

2. Seeing as i have never had to claim Child Support as i dont have a child with an ex partner they said there was therefore no debt owing as he (my bf) has always provided for his child, hence the debt being cleared so easily.

Broken_hearted

nej wrote:

My wife was getting money from her ex for her daughter, but then he had a baby and it stopped. Fair enough, but the CSA wrote to her, asking her to repay him £500!

We replied saying that the money had been spent on DD already, and that we had asked her to empty her piggy bank but there wasn't enough in it, or something equally sarcastic...

More importantly, we said to her ex that there was no way we could afford to repay it, and more to the point why should we? It was for his daugher! Luckily he agreed, and he called them and said he didn't want the money back. We got sent another letter saying we didn't have to repay anything.

Perhaps the OP could call and say that she doesn't want the money? Seemed to work for us.

Bet you would have chased him if he owed you the money:rolleyes:

Zara33

sammy_kaye18 wrote:

1. He is not my ex partner and has never been my ex partner - we were always together but living in seperate properties after my son was born. Bf lived with his mother and i was in a bedsit until we decided it was best for us to move in with his mum too. Hence not wanting to claim the child support and seeing as we were together the Income Support form had a box asking specifically did i wish CSA to be involved - yes/no - so i marked no.

2. Seeing as i have never had to claim Child Support as i dont have a child with an ex partner they said there was therefore no debt owing as he (my bf) has always provided for his child, hence the debt being cleared so easily.

1.ok so he was and still is your current boyfriend NRP = Non resident parent which your boyfriend was at the time when you started claiming IS. You did not live together as a couple or married each other so in the eyes of the law your were in fact a single mother claiming income support.

2. When you were on IS your boyfriend should have been paying child support, if there was no debt where did the letter come from

Broken_hearted

kelloggs36 wrote:

It is extremely rare for the CSA to write and request the money back from a PWC once it has been paid out - usually because an assessment was wrong and then backdated to a lower amount. Even then, it is not usually requested back! If I got the money from my ex and it was requested back, I would tell them where they could shove it!

What if you found out they were underpaying it works both ways

kelloggs36

As she was on income support, the law states that you cannot opt out of CSA intervention except in the case where the PWC and/or child would be at risk if they were to pursue the NRP. If she did not claim this to be the case, then the CSA should have been collecting payments from the NRP and this would have either been offset against the Income Support in which case she would have got an additional ten pounds per week, OR the Income Support should have been reduced by the same amount of money that she was getting in Child Support from her boyfriend. If no adjustments were made from the Income Support then there has been an overpayment of Income Support and this would either need to be recovered by her repaying the money, or them writing it off as they were aware of the full amount that was being paid to her directly and failed to act on it.

Therefore there HAS been an overpayment of benefit here unless the Income Support was reduced correctly at the time.