Is CSA still payable?

HoneyNutLoop

nicky3 wrote: »

Hi I am just wondering where it is stated "CSA is payable whilst child benefit is in place"?

Thanks

[FONT=&quot]It's in Schedule 1 of the Child Support (Maintenance Calculation Procedure) Regulations 2000:

Period for which a person is to be treated as continuing to fall within section 55(1) of the Act
1A. Where a person (“P”) has ceased to fall within section 55(1) of the Act, P is to be treated as continuing to fall within that subsection for any period during which P is a person in respect of whom child benefit is payable.

However, this only relates to determining if a child remains eligible for maintenance. It has nothing to do with deciding who is the primary carer of a child, for example if the child moves from the parent with care to the non-resident parent's household, which is covered by separate regulations.[/FONT]
[FONT=&quot]
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WYSPECIAL

HoneyNutLoop wrote: »

[FONT=&quot]It's in Schedule 1 of the Child Support (Maintenance Calculation Procedure) Regulations 2000:[/FONT]

[FONT=&quot]Period for which a person is to be treated as continuing to fall within section 55(1) of the Act [/FONT]
[FONT=&quot]1A. Where a person (“P”) has ceased to fall within section 55(1) of the Act, P is to be treated as continuing to fall within that subsection for any period during which P is a person in respect of whom child benefit is payable.[/FONT]

[FONT=&quot]However, this only relates to determining if a child remains eligible for maintenance. It has nothing to do with deciding who is the primary carer of a child, for example if the child moves from the parent with care to the non-resident parent's household, which is covered by separate regulations.[/FONT]

Do you know if this only applies to cases that are already open or can new cases be opened?

ie the 18 year old has just finished A'levels and is going onto uni so is no longer in non advanced education. CB is still payable until September as per the rules and if there were a CSA case open that would run until September too. However there is no CSA case, is it possible to open one for the next few months or would they no longer count as a qualifying child?

HoneyNutLoop

WYSPECIAL wrote: »

Do you know if this only applies to cases that are already open or can new cases be opened?

ie the 18 year old has just finished A'levels and is going onto uni so is no longer in non advanced education. CB is still payable until September as per the rules and if there were a CSA case open that would run until September too. However there is no CSA case, is it possible to open one for the next few months or would they no longer count as a qualifying child?

The rules apply equally to new applications and existing cases. So yes, you could apply, unless, on the off chance, your child has celebrated a marriage/civil partnership, which would overrule the child benefit regulation.

nicky3

HoneyNutLoop wrote: »

[FONT=&quot]It's in Schedule 1 of the Child Support (Maintenance Calculation Procedure) Regulations 2000:

Period for which a person is to be treated as continuing to fall within section 55(1) of the Act
1A. Where a person (“P”) has ceased to fall within section 55(1) of the Act, P is to be treated as continuing to fall within that subsection for any period during which P is a person in respect of whom child benefit is payable.

However, this only relates to determining if a child remains eligible for maintenance. It has nothing to do with deciding who is the primary carer of a child, for example if the child moves from the parent with care to the non-resident parent's household, which is covered by separate regulations.[/FONT]
[FONT=&quot]
[/FONT]

thanks you for all the detailed info honeyloop which is really helpful in determining the facts.....what/where are the regs that you are referring to at the end here? They relate to my situ and I wand to know as much as poss, thank you

PreludeForTimeFeelers

rb211 wrote: »

@prelude

Are you aware of this (from direct.gov website)

'Child stays in education or training

You can carry on getting Child Benefit for your child up until their 20th birthday, if they're in education or training that counts for Child Benefit. Education or training counts for Child Benefit as long as it's either of the following:
full-time, 'non-advanced' education (for example 'A' levels)
'approved' training
Your child needs to have started, enrolled or been accepted for one of these types of courses before the age of 19.'

Yeah, that's strictly for child benefit purposes, and not for child maintenance (although I believe there's a proposal to link the two a little closer with the future scheme, and then it would be possible for child maintenance to be payable beyond the 19th birthday if child benefit was being paid still).

Redcharlie43

We are going through a similar situation but have had legal advice. Basically if you are paying through the CSA at the moment then if the child is in non advanced full time education any payment to the NRP could stop a week after their 19th Birthday or when they stopped the non advanced education (up to level 3), whichever is soonest.
However at the moment CB can continue until aged 20 in some circumstances. (If enrolled in to non advanced education before 19th Birtherday.) There are plans to bring child support in line with CB but this is not implemented yet and won't be until at least October when the new CSA calculations will be based on gross income and not net income.
However..... and this is the catch. If your child is over 19, in training or non advanced education then the NRP or the child can take you to court for continued financial support. But it seems that they would look at how much the child could contribute (If they have any income or grants etc themselves this is taken into account) and any payment would be based on the financial needs of your child and not done as per the CSA calculations. They will also look at your income and ALSO the NRP finances will be looked at and they would also be expected to contribute financially if they are earning. Also if your greedy ex is coming after you to pay the money directly to her so she can control it then any payments you make to your child would mean that a case to pay her directly would be unlikely to suceed as long as your contributions to your childs actual financial needs are considered reasonable.

kevin137

Redcharlie43 wrote: »

We are going through a similar situation but have had legal advice. Basically if you are paying through the CSA at the moment then if the child is in non advanced full time education any payment to the NRP could stop a week after their 19th Birthday or when they stopped the non advanced education (up to level 3), whichever is soonest.
However at the moment CB can continue until aged 20 in some circumstances. (If enrolled in to non advanced education before 19th Birtherday.) There are plans to bring child support in line with CB but this is not implemented yet and won't be until at least October when the new CSA calculations will be based on gross income and not net income.
However..... and this is the catch. If your child is over 19, in training or non advanced education then the NRP or the child can take you to court for continued financial support. But it seems that they would look at how much the child could contribute (If they have any income or grants etc themselves this is taken into account) and any payment would be based on the financial needs of your child and not done as per the CSA calculations. They will also look at your income and ALSO the NRP finances will be looked at and they would also be expected to contribute financially if they are earning. Also if your greedy ex is coming after you to pay the money directly to her so she can control it then any payments you make to your child would mean that a case to pay her directly would be unlikely to suceed as long as your contributions to your childs actual financial needs are considered reasonable.

Which is all common knowledge, but very unlikely to succeed unless there are real special circumstances...

I am sure many others would agree, the first response the court would get if this was applied for would be, and this is what i would say...

"Are there not provisions in place for government approved student loans as a mean to be self supporting through education", If the answer is NO, then this leaves the government in a very precarious position for anybody wishing to go on to future education by way of supporting themselves...

If the answer is YES, then why are we here...?

It is a very smile case in the eyes of the law, if the child is no longer a child, then you have no LEGAL obligation. The problem stems from the blurred lines that says when a child is no longer a child...

I mean, you can get married at 16 have children at 16, vote at 18. But you are NOT old enough to be responsible enough to provide for yourself..?

Yeh get over it...! You are an adult...!!!