Nil assessment?

doodoot

Hi guys, am asking this question on behalf of a friend - I told her that MSE is the font of ALL information.

She has recently been told by the CSA that her ex's calculation has been assessed as being 'nil'.

If her ex is in receipt of benefits, or even working, how is this calculation made?

All that the CSA caller told her was that her ex's income must be under £5 a week for this assessment to be made.

How can someone on benefits or working only be getting £5 a week???

Can she request to a copy of how they have worked it out?

TIA.

mspa

If on CSA1 you can get a nil assessment if they say you do not have enough money to live on, not sure about CSA2

PreludeForTimeFeelers

I'm not sure what constitutes a nil assessment on old rules, pre-2003, but on cs2 cases nil assessments are due to the NRP either being on benefit. It having the child stay over at least one night per week, or if the NRP wasn't working and was being supported by family and or friends.

doodoot

Thanks guys.

My friend says that the claim was first opened in 2005, so I'm assuming that it is CSA2, the NRP does not have contact and she is the sole claimant of CB.

She called them back whilst I was there so that I could make notes and ask here.

They would not disclose how they had worked it out, or whether they calculated it purely on the information provided by NRP.

After asking how she appeals against it, she was told to send in any evidence and it will be given to the Departures Dept.

What amazed me was that she was told that it probably wasn't worth appealing as assessments rarely get overturned, and to save the price of a stamp. :eek:

Luckily for my friend she was taping the conversation and she said that she was sure her MP would be very interested in hearing that advice. :T

Mark148

For somebody to receive a NIL assessment on CSA 2 rules I believe they would have to demonstrate a nil income and be in receipt of nil benefits.

They must either be living in the lap of luxury and have a sugar daddy/mummy supporting them or oxygen now contains calories and clothing so people don't need to buy food for sustenance any more.

I would always be sceptical of a Nil assessment, but alas that is me

FBaby

or a stay at home dad.

Mark148

Who STILL has a responsibility to provide financially for HIS children!!!!

PreludeForTimeFeelers

For data protection reasons they'll not say how they worked it out. If there's no shared care then it sounds as though he's not working and not claiming any benefits. They will send a form to HMRC to see if there is any employer currently paying no contributions for him, but as has been said above, perhaps he is a stay at home dad.

If HMRC have came back and said there is no employer then the Csa can't really do anything else, the onus is on the PWC to prove his circumstances are different.

PreludeForTimeFeelers

Mark148 wrote: »

Who STILL has a responsibility to provide financially for HIS children!!!!

That may be the case but the Csa look directly at income and base their assessment on that - if he *is* a stay-at-home dad then what do you propose he is assessed on?

Marisco

PreludeForTimeFeelers wrote: »

That may be the case but the Csa look directly at income and base their assessment on that - if he *is* a stay-at-home dad then what do you propose he is assessed on?

You beat me to it PFTF, I was about to ask the same! Surely no one is suggesting that the NRPP pay? I'm not meaning the "duckers and divers", but people who have a legit reason for the dad staying at home?

doodoot

Thanks guys.

If NRP has said that he is being provided for by someone else, surely they have to show some evidence to prove their statement?

Also, if on benefits are there specific benefits which are exempt from maintenance deductions?

I just don't understand how someone can say that either their pension-claiming mother or part-time working partner mum-of-two is providing for them! :eek: