When is CSA calculated from?

wannabehermit

I made claim in 2008. CSA contacted ex, ex got sacked. Assessed as a £48 p/wk income therefore payment was nil.

As far as I've been aware he hasn't worked since then, therefore assessment would not change.

A couple of months ago (Feb) by chance I found out he was working, questioned him about lack of maintenance, he said CSA had contacted him and he was sending wage slips. I contacted CSA for confirmation of this. They told me they had written to him in December but had had no reply.

Lots of contact, I've been phoning them every fortnight to chase them up. They informed me that the information they had was that he had been working since October. He has ignored all correspondence and not informed them of new address either.

I've just called today and when I asked when backpay would be dated from she told me when I made the claim in Feb. Apparently it's my fault for not informing them earlier that he was working :mad:. Do they honestly think every PWC who has an unreliable ex has them being tailed daily to find out if and where they are working? I thought that was their job.

So...bearing in mind the claim was made in 2008, when will the backpay be dated from?

October when he started work?
December when CSA first contacted him?
End of February when I found out he was working?

And I'm not holding out much hope of ever getting anything for the DCs but on the off chance that it does happen I want to know.

Thank you

kevin137

If he went from benefits, then they should be able to backdate to when that changed, raise a formal complaint in writing and send recorded delivery, and keep phoning.

shell_542

What prompted them to contact him in December? Who told them he was working?

Arrears in these circumstances are normally backdated to the date a reassessment was asked for by the RP or NRP. So in your case, it would be February unfortunately.

But I'm confused as to why they contacted him in December and wondering whether you could complain and push for the arrears to be backdated to then.

wannabehermit

According to them it flagged up on their system that he was no longer receiving benefits, which is why they wrote to him to ask what he was doing now, whether he was working or not.

I didn't ask for a reassessment in Feb, I just literally phoned to find out what was going on and if what I had found out was true. I haven't at any point actually asked them to reassess, the phonecalls have all been for updates, not that they've been very forthcoming with those!

kevin137

If they wrote to him in december then it would be safe to assume that they asked for that information, and if they did the assessment should go from then...!!!

I find it very very hard to believe that with all the legislation in place and powers given to the CSA that they cannot backdate to a point where there was a notable change in circumstance.

It makes sense when someone is working consistently to not keep reassessing unless asked for, but a change like that should be covered, and as there would in fact be a DEO of types in place against benefit, as he SHOULD of been paying £5 a week in from his benefit, then a change of circumstances should of been notified by him.

Keep complaining, and keep records of everyone you have spoken to, and what you have spoken about, if you need to clarify details then put in writing, and keep a paper trail going it will help you no end in the future should it continue to go wrong.

But make a complaint...!!!

wannabehermit

Thank you. Complaint coming, I'll wait to see if the supervisor calls back as requested (unlikely methinks) and add that into the complaint.

I just find it unbelievable that they expect a pwc to be keeping tabs on the nrp.

Who would the complaint be written to? Is it just a general complaints dept or would there be a specific person to address it to?

kevin137

wannabehermit wrote: »

Thank you. Complaint coming, I'll wait to see if the supervisor calls back as requested (unlikely methinks) and add that into the complaint.

I just find it unbelievable that they expect a pwc to be keeping tabs on the nrp.

Apart from the fact that if you did that you could be guilty of Harassment or Invasion of Privacy, how many PWC/NRP's live miles away form each other and/or have no contact with each other....? It is ridiculous with the power they have to say this is YOUR responsibility. What are they there for if not to assess correctly the collection of CM...???

Is this another huge failing of the CSA

Coming off of benefits should be a mandatory notification of change of circumstances. And i always thought this was the case. I may be wrong, but if it isn't it certainly should be...!

it may also be worth contacting your MP to see what his stance on it is, and wether he can help in any way. They have a lot of clout, so give as much detail as you can regarding when you opened original claim etc, what happened in the beginning, when you found out he came of benefits, rough dates of calls made etc. And see where he can get for you, but make the complaint as well...

Given the fact that they wrote to him back in December, which is about 5 months ago now. They should have work details, instructed his employer to forward pay slips etc, and possibly even have a DEO in place for being noncompliant...!

Ridiculous.

PreludeForTimeFeelers

The legislation changed to allow the CSA to date on/off benefit claims to when they changed, therefore if he was on the dole until October then that's when the new assessment should be effective from.

I'd definitely speak to a team leader, and ask them to check free text from October to December. If he's changed benefit status then they can use that to set the effective date. If they've tried to contact him in December then that's also a potential effective date. I don't understand why they are saying Feb.

wannabehermit

kevin137 wrote: »

Apart from the fact that if you did that you could be guilty of Harassment or Invasion of Privacy, how many PWC/NRP's live miles away form each other and/or have no contact with each other....? It is ridiculous with the power they have to say this is YOUR responsibility. What are they there for if not to assess correctly the collection of CM...???

Couldn't have said it better myself.

Thank you both for your replies.

DH and I had talked about speaking to our MP. She's been great in the past when we've needed to use her. I'm going to phone her now.

wannabehermit

Well I've just spoken to someone who was really helpful. At least now I have the names of 2 people who seem to know what they're doing and want to help.

She confirmed that it will go back to the date his benefits stopped.

She also said that this mornings call hadn't been logged at all and that there is no supervisor called Mike :mad:.

I got her to run through the next few stages so I can chase them but I'm amazed at how much time and money must be wasted with all the processes htat htey have to go through. They now have his employer details from HMRC and she is contacting them, but then they have to contact him for his bank details. He's ignored everything else he's hardly going to reply to that is he. If they didn't wasted time with that they could get through things so much quicker. No wonder there's such a backlog. We wouldn't be at this stage yet though if I hadn't been chasing them every few weeks.

kevin137

I thought that was the case nowadays with benefit... Glad you have it sorted (sort of) now. Lets hope you can get somewhere.

It may be worth writing F.A.O the person you spoke to on the phone, and ask them to confirm the effective date in writing, send it recorded delivery. That way you have the paper trail and any confusion in the future leading to further complaints etc can be backed up with proof of posting/receipt and the letters you wrote...