NRP - 2 weeks Statutory Paternity Pay - will CSA drop?

turtlemoose

Hi, my partner has a child with his ex, and pays via a DEO. We have SS 3 nights a week.

I had a baby in early June this year. My partner was originally not going to take any paternity leave, as we could not afford to only receive the statutory payment and afford to pay all our bills, as well as pay £120 a month CSA - as I am also on Statutory Maternity Pay we just couldn't afford the drop. My partner takes home £1200 after deductions (we don't receive any benefits) so you can see how dropping to statutory for 2 weeks would affect us greatly.


When my partner rang the CSA to advise of the new baby (change of circumstances), the advisor told him that if he took paternity leave and only received statutory paternity pay, then this is not classed as earnings, so is not deductable, and that he was to send a copy of the birth certificate to his payroll, and then ring the CSA back on a specific date (she told him the date) and that they would contact his payroll so that they could confirm he would only be receiving SSP and they would amend this month's payment accordingly. With some careful balancing, we worked out he could just afford to take the paternity leave.

He has done this, and has phoned them to be told that this is not correct and no change will be made to his payment this month. He asked for a call back as he was getting nowhere with the advisor, and the person who did the call back has told him that the original advisor gave him the wrong information!!!!!!! :mad:

Now our problem is that if we knew the payment would not be adjusted, he would not have taken the paternity leave - because we simply cannot afford it.

My questions are:

Does anyone know which person at the CSA was right? IE should they amend the deductions for that week as SPP is not classed as earnings, or should his payment remain the same?

And if it's a case of his payment should stay the same, are we able to take action against the CSA for giving him false information? As ultimately he would not have taken this paternity leave if we had not been given this information.

kevin137

i would be guessing, but i would think it would not be assessed as NO INCOME purely as it is only a temporary change.

However, you may well be eligible for a compensation claim against them for giving the wrong advice.

All conversations are recorded, so it should be available to them to check, but it is worth including an itemised bill and making the complaint in writing.

Short term there is not a lot you can do, long term, if your partner decides to take the time, if he is on a DEO then there will be a "protected income level" which they cannot take money from below, they will still take it, and that may leave you a little short in the coming months while you catch back up with the CSA through payroll.

Check what the protected income level is on your schedule, and work from that.

Hope it helps.

turtlemoose

Hi Kevin, thanks for your reply.

Creating a shortfall is pointless though, as it still has to be paid at some point. We were told he would not be liable during those two weeks - that's the problem.

We've since had another call with them confirming they definitely won't reduce his payment, and they admitted their advisor was wrong - so we will be making a formal complaint.

I REALLY begrudge paying his ex 15% of his net earnings during a time period where the CSA themselves state his earnings are zero. I don't care if it's a day, a fortnight or a year - it's ridiculous and illogical....yes I know that's the CSA all over but am just venting.

Yet again his ex will have our money to pay for her weekends away while we are the on-tap babysitters...brilliant.

PreludeForTimeFeelers

A change in income usually has to be for more than a month for a new assessment to be carried out, and even then has to breach the tolerance levels...for a fortnight's reduced income there'd be no change. Put in a complaint with the team leader, ask them to listen to the original phone call, then put your complaint in writing and send it in. Make sure that it is clear in the letter that it is a letter of complaint. You'll probably only get an apology from them, but the person who gave you duff info should really be reminded of the rules...

kevin137

turtlemoose wrote: »

I REALLY begrudge paying his ex 15% of his net earnings during a time period where the CSA themselves state his earnings are zero.

Did you out in for a change of circumstances when your newborn came along, as it should now be 15% of 85% of his net...

turtlemoose

Kevin, we did notify them of the baby - but apparently they only do the reduction for the new baby from the day we told them, not the day he was born.

Bearing in mind he was very ill and was in hospital for the first 10 days of his life, as you can imagine, ringing the CSA was not on the top of our "to do" list!

Who on earth, on the day of birth of their child, thinks "gosh, must make sure my paperwork with the CSA is up to date!" ...absolutely ridiculous

Makes me laugh as CSA will happily backdate arrears but when your payment is going to drop (by a whopping £4 a week!) they won't backdate that......argh.