CSA - Backdated Payments? Need Advice!

MickyJ

Hi guys,

I'm brand new to the forum, and I'm really hoping that someone can help me out -- I've tried all sorts of other places, and I've never been able to get a confident answer.

Here goes:

I was assessed to pay child maintenance back about 8 years ago. I continued to pay this, without EVER defaulting. I had contact from the CSA, in writing, a while back to say that the child no longer qualified for child maintenance through them, and I needed to stop paying. The child, apparently, was no longer living with her mother but was instead living with my ex's cousin. The CSA sent me a refund for the over-payments that I'd made to my ex, and I continued to pay maintenance directly to the new guardian instead without using the CSA.

A few months went by and then I received contact from the CSA to say that they'd received an application from the child's mother for me to pay maintenance again. The child had moved back in with her mother. No problem -- I've completed the forms and sent them off.

OK, I have a few questions:

Firstly, does this now count as a new application, or will it be considered as a continuation of the old one? For reference, the form I completed did not refer to my old reference number, and only asked for my wage-slips (I didn't have to provide any details about my outgoings, etc, so I presume this will be assessed according to the new formula -- i.e. 15% of net income?)

Secondly -- and this is really important because it's worrying me sick -- during all the years I paid through the CSA, they never asked to review my payments; I just kept paying the same amount the asked me to originally. Of course, during all hat time, my circumstances changed several times: pay changes (up and down), changed jobs, lost my job and was on income support for a long time... When I asked if I needed to inform the CSA of any of these changes, I was told that I didn't, and that I only needed to provide them with such information if either I or the other parent requested the payments to be reviewed. Neither of us did -- we were happy with the way things were. HOWEVER... her mother has got REALLY nasty when I recently met a new girlfriend (who happens to be one of my ex's best friends, so I can understand her feelings,but that's another story), and said she's asked the CSA to review my payments and backdate it to her original claim to see if she can get more money! All this despite I was giving her extra each month cash-in-hand! CAN THEY DO THIS? I'M WORRIED SICK! I ALWAYS PAID WHAT THEY ASKED ME, AND MADE-UP THE DIFFERENCE IN CASH.

I really need help on this, because some people are saying they can, and others say they can't. Some are saying that what I was told is true -- that I don't need to inform them of a change in circumstance(unless paying by DEO, which I wasn't, and unless it's a change of address, which I did inform them about), and other's are saying I should have, and that now I'll be in serious trouble! Is there anyone who can answer this once and for all?

Cheers,

MickyJ

kevin137

Firstly if a case was closed, and if there where NO arrears then if the period was more than 13 weeks, then it would be CLOSED meaning any application would be on the CS2 system.

2ndly, a new case would be for the period from when they 1st contacted you, presuming that you did send back the correct details and it is assessed quickly then it would be around the date of the 1st letter they sent that the new assessment would run from, and the only arrears would be from then until now.

They cannot re assess back into a closed case, but the problem lies in if they decide to "find" arrears from way back when, in which case they might be able to keep the case on CSA1 but that is very very unlikely, and i hope you still have all the correspondence from them sating the case was "closed" as that would prove no arrears if you ever needed it at tribunal...

Just out of interest, i understand that YOU paid cash direct to your parents, but did your ex ever pay anything...? As she would of been liable to pay as well. Just curious...

A DEO does legally have to be notified, but you only need to notify a change of over a certain percentage, which they do not include in any of there paperwork, if you where not on DEO then you are not obligated to tell them anything other than change of address, which would be stupid not to anyway...

MickyJ

Thank you soooooo much, kevin137

No, there were no arrears -- as I said, they issued me with a refund (I was so scared to stop the payments, even after they asked me to do so... silly, but true). I always kept up with payments, and the original arrears I had were all paid off.

It certainly looks like CS2. Yes, as soon as they sent me the letter for the 'new case', I filled out the form and posted it back with all the info they wanted straight away. The letter was dated recently, and they tried to contact me by telephone on the same date -- I missed the call so rang them back -- they confirmed that my arrears for the 'new case' would be backdated to the date of the letter. That's fine. I was just too scared to ask them anything about my 'old case' so thanks for clearing that up for me!

Can I just clarify that by "a new case would be for the period from when they 1st contacted you..." you mean from the first time they contacted me about this new application, and not from when they first contacted me from the first application!?

Yes, I have all the info they sent to me. It doesn't say that the case was closed, but rather states that the child no longer qualifies for maintenance... or something to that effect.

No, my ex paid nothing during the time the child was with my ex's cousin -- I don't think her cousin put an application through to the CSA though (as I said, I paid maintenance to her cousin voluntarily).

No, there was DEO. And I'm soooo glad I haven't done anything wrong by not notifying them.

I just wanted to say a big thank you, kevin137. This is the first time I've had a confident answer to my question. If everything turns out ok, I'd like to by you a pint... you've really helped put my mind at rest and, believe me, that's priceless!

fannyanna

No the CSA can't backdate payments.

For example, If you get a payrise they can only change your maintenance liability from the date they are informed about it (whether that's the day you got your payrise or 4 years later).

kevin137

Haha, i don't drink, but thanks for the offer, and you wouldn't want to buy me a pint where i live anyway, it is Norway and very expensive...

Glad you can rest a little easier that is for sure, and if i had been wrong there would of been other posts on here telling me so, people on here are generally good although we do have disagreements sometimes.. But most of them are about personal battles, on the whole you get facts and then opinions, opinions are funny things and we all have different ones, but facts are facts and a closed case is a closed case...

To clarify a new case is from when they contacted THIS time, not the last time, just to put your mind at rest...

There are some occasions they can backdate, but this is not one of them. So try not to stress deal with them the best you can and don't get into arrears, and you should be ok...

And glad i could help...

MickyJ

I just thought that I'd post an update, as it may help others who have similar questions.

Had confirmation back today of the amount I need to pay: it's 15% of my net income, and exactly what I calculated it to be -- which is entirely correct and fair. I was assessed according to CS2.

It's been backdated to the correct date, but the CSA was really quick to get everything sorted -- just 10 days from when I was first notified that an application had been made.

As I'm paying monthly by Direct Debit, this works out great -- if all goes to plan, the first payment will cover everything.

I have to say that the CSA staff were very quick and helpful. I was REALLY worried, after hearing all the horror stories, that things would be real nightmare. But so far, so good.

As long as that's it, I'll be happy to carry on fulfilling my responsibilities until they tell me otherwise -- much the same as before, really. I've no problem with this at all. Happy bunny.

kevin137

As long as you keep paying by DD then it will be ok, if you ever notice it has not been taken, then call and make debit card payment...

If that happens even once, change from a DD to a Standing order, then it is your bank that pays and not them requesting so it can't happen again, also, standing order i a fixed charge dd they can take more or less is they want, so keep an eye on it to be sure...

Glad it worked out for you...

shoe*diva79

CSA 2 is a much better system IMO and works well if there are no complications. Im pleased your assessment has gone quickly and well.

MickyJ

Thanks for the advice. Yes, I wanted to pay by standing order, but they wouldn't let me; apparently, it's Direct Debit or DEO only. Shame, really, as I always paid by standing order for donkey's years, and never had any problems. It should be ok, though; I'll keep a watchful eye on it. I do have a question regarding the initial arrears, though: when I received my letter, it said that I needed to pay such-and-such amount from a specific date, but the date it said I had to start paying from was about a week after the date on my original letter. It also said that I will be contacted again if there are any arrears due. Does this mean that they would consider there to be arrears between the date on my first letter and the date they say my payments will start from, as stated on the letter I just received? I'm not bothered, as it's only a few days (a week at the most) but I'm just a little confused...

kevin137

Not too sure how they work that, but a quick phone call to clarify would be a good idea, i would normally suggest everything in writing but something so simple would be ok by phone, keep a note of time, date, duration of call and who you spoke to though, just for your own records..