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more csa woes

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Comments

  • They had intended to bring it in with the launch of the 'future scheme', which is winter this year.

    Basically it will mean that any child over 16 that is still in education (not university) - so child benefit is still in payment - can still be classed as a qualifying child. I don't think there'd be anything to stop the parent with care opening a new case once the revised legislation comes into force.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    Will be a little wrong that once a "qualifying child" has been omitted from the system they would be allowed back in due to legislation change...

    I always thought (maybe wrongly) that any change would only apply to new cases same as when a law changes for other things, it can't be brought into cases that where started previously...

    WHo knows with the CSA though. Although if your case is closed due to child falling outside the legislation and then reopened due to falling back in as a result i can see many legal challenges coming by way of judicial review that is for sure...
  • clearingout
    clearingout Posts: 3,290 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    the thing with this is the expectation, at Government level, that children are now in education to 18 and beyond rather than doing nothing at all. At the same time, we have an increase in the age that a person can claim child benefit in their own right. As a result, there is an expectation that at least one parent retains their children in their home well into adulthood if they are not earning enough to fend for themselves or don't want to houseshare (which is not for everyone). Why shouldn't the NRP contribute where this is the case? I think it would be reasonable that at least some of this 'child maintenance' were paid direct to the child in these circumstances and that the PWC and child work out between them what is reasonable 'board' to be paying but it's not unreasonable that if we're being squeezed in this way, both parents continue to contribute.
  • his_wife
    his_wife Posts: 350 Forumite
    that leaves me pretty devestated to be honest. As a, the qualifying "child" is classed as an adult, can vote, drink, get married etc all without permission of parent, yet still qualifies as a child to gain benefits. Had she of gone to college to better herself fair play, would willingly pay up. Yet she is still doing a first year course three years on!!!

    yet on the other side, my daughter had to leave college as we couldnt afford to fund her through college, as we couldnt afford to give her the money she needed, we dont qualify for any form of benefits.

    I have trawled the internet and i cant find anything about the new legislation coming into force, so yet, again, we get the short end of the straw.

    Sorry for the rant, but i think my husband has more than paid his fair share for his daughter, i dont see his ex, giving her money,,, she works minimum hours, for maximum benefits.

    Life is so unfair in these situations!!
  • his_wife
    his_wife Posts: 350 Forumite
    New CS3 rules will incorporate an increase to the age of a Qualifying Child.
    Current legislation dictates child support is payable only until the child reaches the age of 19 years maximum, assuming they are still in Full Time Education.
    Under new legislation this will increase to the age of 20 years.
    We expect this to affect cases as and when they are moved over to the CS3 scheme, and not necessarily introduced beforehand. More details will be published as and when Government makes the announcements.

    just found this, so hopefully, if i am reading right, it applies to those going onto cmec
  • When the change is brought in, it will be across the board, so will be for old rules, new rules/current system and future scheme.
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