CSA underpayments

daveboy

Apologies for the areas where information is vague, what is below relates to my Mums partner, who is making payments to the CSA through his wages, apparently on the old system, for a child he had with someone else many years ago.

On Saturday he received a letter from the CSA saying that over the last 6 years he has not been paying enough. Apparently it is in the region of £10k that they are trying to get from him.

As he is now with my Mum, and my brother, he has outgoings to cover such as rent, council tax etc....what they want to take makes it pointless working as my Mums earnings won't cover everything.

Can someone please tell me what rights he has? This is their mistake, he has paid through his wages for a number of years as far as I know.

Surely there is a legal way to challenge this? Any help is much appreciated as my Mum is frantic with worry.

simong5

I may be wrong, but I believe that the CSA can only collect 6months of arrears as it is their policy to review the situation every 12 months
regards

kelloggs36

No, that's not right Simong5. They will pursue all arrears, but it may be statute barred if no contact has been made in the previous 6 years. doesn't stop them from asking for payment though.

to the OP - can you confirm what the assessment was and whether there has been another one since then? If not, then you need to establish how the arrears came about.

In order to do this you need:

an accounts breakdown - this will state all assessment amounts plus all amounts paid.

He can check his current assessment by checking the figures - do they have the full details of his circumstances - his partner and children, housing costs etc, correct income details?

daveboy

Further to my first post, and the reason I don't know all the ins and outs of the matter is because I don't live with my Mum, and the matter isn't really my business as such, I am just concerned with the possible affects it'll have on her and my brother.

The error is on the part of the CSA, it appears they want an additional £40 or so each week, starting next week (week following Easter). This obviously equates to £160 a month or thereabouts, on top of what he is already paying them.

My Mum is also of the opinion that they have taken what she earns into account, although I don't know the tiny details so unfortunately can't elaborate.

I just wanted to know what rights he has, as he will try to appeal against it, but with them wanting the money from next week, he's going to get hit hard before they bother to look into it.

I'm all for fathers paying, but this is their error and not through him refusing to pay.

It is also the reason why I refuse to have children in the UK myself, but that's another matter.

kelloggs36

They can't take her earnings into consideration at all to make an assessment, as the assessment is done purely on his wages - under the old rules, the info is required in order to ensure that the household income does not fall below a certain level.

In order to advise properly though, I would need more info which you don't have! Your mum's partner needs to check the details and get the accounts breakdown before he can query it as it may be that the figures the CSA are using are wrong.

Has the assessment been increased by 40 pounds per week, or is this including the arrears that have built up? If it is the latter, then he can negotiate a lower figure in respect of the arrears to make it easier for them, although the minimum the CSA can accept is 5.80 per week.

daveboy

Having recently spoken to my Mum, they are after a payment of around £108 a week, payments are currently around £64.

He has attempted over the phone to get the CSA to send an accounts breakdown, so he can see what it includes and ensure that it includes a 'significant other', namely my brother.

It is my Mum's belief that the increase is due to arrears. The £10k mentioned previously was what he was told verbally over the phone, it is not detailed in any paperwork.

My Mum has also told me that they don't take her income into account for the assessment, but do appear to when it comes to what he is then left to live on. Which is basically what you outline above.

If he is able to negotiate a lower amount, even though it is their error, the arrears will continue to build up. Without betraying his confidence, after deductions, including the original CSA payment, he came away with around £250 a week. This will leave him with around £180...some may say that is enough but with rent to pay, council tax to pay, a loan to make payments towards - it makes things extremely tight.

He is appealing, but will have to take the hit to begin with as the payments will kick in within the next week or so.

What rights does he have in regard to a breakdown of the assessment? My Mum has said that the CSA 'don't want to know' when they've phoned.

Many thanks for your help so far.

kelloggs36

What may have happened is this: As he was paying by DEO from his wages, he has to be left with 60% if his wages as protected income (separate from the protected income in the assessment). If they take the full amount of maintenance in some cases, it would leave him below this and they can't take it, so they take the maximum they can whilst leaving him with 60% of his income. This may have been why the full amount of maintenance has not been paid - he is still liable though.

He is fully entitled to have an accounts breakdown of the assessments and payments made. It will clearly show what he should have paid, compared to what has been paid so any arrears will be clear. Put it in writing, phone them again and ask to speak to the Accounts team who deal with the case as they are the ones who prepare these breakdowns. If they refuse, ask on what grounds they are refusing to supply you with the information. go to your MP and ask them to sort it - you will get one through them!

janiegs

They would need your mum's income to do an assessment if your brother is included in her partners household as they would calculate that he is being supported by both of them.

An account breakdown would not give you any details of how the assessment was calulated, so copies of the letters concerning the assessments need to be requested separately.