CSA & overtime?

kelloggs36

You can argue this if they did not request the wage details at the time - if they did, then they can enforce it, but the procedure is to only do a reassessment from the date when the details were requested - so if they never requested them, then they can't enforce it and should be looking to do a new assessment from a recent date.

aussiesbird

kelloggs36 wrote: »

You can argue this if they did not request the wage details at the time - if they did, then they can enforce it, but the procedure is to only do a reassessment from the date when the details were requested - so if they never requested them, then they can't enforce it and should be looking to do a new assessment from a recent date.

Thanks for that. They never contacted us at all from 2004 until a couple of months ago. So can we refuse to pay the arrears on the basis that they never requested wage details or am I not quite understanding this properly?
Sorry kelloggs36, just want to get my facts right.

kelloggs36

If they never requested the information, you were not able to provide it in order to get an assessment calculated timeously. Therefore, as they have failed to request the information, they cannot do an assessment. They can only do an assessment from the date on which they requested the information. I would be fighting this all the way. Ask them to provide evidence of the original request the supposedly made in 2005, ask them to which address it was sent etc. If they can't do this, then I can't see how they are setting the effective date from which the new assessment can be based.

aussiesbird

kelloggs36 wrote: »

If they never requested the information, you were not able to provide it in order to get an assessment calculated timeously. Therefore, as they have failed to request the information, they cannot do an assessment. They can only do an assessment from the date on which they requested the information. I would be fighting this all the way. Ask them to provide evidence of the original request the supposedly made in 2005, ask them to which address it was sent etc. If they can't do this, then I can't see how they are setting the effective date from which the new assessment can be based.

They are saying they cannot provide any proof as it was requested by PWC over the telephone.

kelloggs36

That's as maybe, but they must have requested your partner supply them with details - if they did not act upon this, then this is the point!!!! They MUST have contacted your partner in order to set the Effective Date - when did they contact your partner for HIS details? Are they stupid, or what? The PWC may have requested a new assessment, so what? If they didn't write or contact your partner to ask him to provide details to enable them to do this, then they cannot do it, it is as simple as that, so asking for the date on which the PWC requested the change of circs assessment is irrelevant, it is when they acted upon this request and contacted your partner that you need evidence of, which has NOTHING to do with the PWC. Call them back again!!

aussiesbird

I will write kelloggs, as this seems to be the only way you have any comeback. But I think I might wait until they get back to me with what they think my partner owes. I seem to have spent the last couple of days glued to the computer writing complaints and appeals letters!!

Mr_Green_Genes

aussiesbird wrote: »

They are saying they cannot provide any proof as it was requested by PWC over the telephone.

This is precisely why awkward people like me insist on dealing only by telephone. Letters provide proof. If they cannot prove what the PWC asked and when it was asked for, it can never stand up in court if you challenge them. There MUST be proof, legally they won't be able to rely on someone just claiming it happened.

kelloggs36

It doesn't even matter what the PWC requested as it could even be a CSA decision to do an up to date assessment. i think they are misunderstanding aussiesbird's request. The point is whether the CSA did anything to obtain the info from the NRP. If they can't provide evidence of what was requested from the NRP, when it was requested and how it was requested and what address/telephone number they used, then there is no case to answer as far as the NRP is concerned. The Effective Date is the important date upon which the assessment will start. If they did not ever request the required info, then the assessment that was in force prior to the PWC's request must stand. The PWC on the other hand, can request compensation for the fact that they failed to act on her request after promising to do so. The CSA can ask now for info but the Effective Date must be from the date they first requested the info from the NRP.

kelloggs36

Section 17 (4) of the Child Support Act 1991 makes this perfectly clear:

17.—(1) Where a maintenance assessment is in force—
(a) the absent parent or person with care with respect to whom it was made; or
(b) where the application for the assessment was made under section 7, either of them or the child concerned,
may apply to the Secretary of State for the amount of child support maintenance fixed by that assessment ("the original assessment") to be reviewed under this section.

(2) An application under this section may be made only on the ground that, by reason of a change of circumstance since the original assessment was made, the amount of child support maintenance payable by the absent parent would be significantly different if it were to be fixed by a maintenance assessment made by reference to the circumstances of the case as at the date of the application.

(3) The child support officer to whom an application under this section has been referred shall not proceed unless, on the information before him, he considers that it is likely that he will be required by subsection (6) to make a fresh maintenance assessment if he conducts the review applied for.

(4) Before conducting any review under this section, the child support officer concerned shall give to such persons as may be prescribed, such notice of the proposed review as may be prescribed.

aussiesbird

:T That is great info kelloggs, thanks very much. I have today received a letter from my MP stating, what we already knew, that there is a regulation for O/T which states that it is accountable in their calculation. What I want to do is challenge this regulation to be reviewed. As previously stated on this forum the CSA have a duty of care to both sets of children and my children will indeed suffer as a result of them taking my partners O/T into account. He works O/T to enable us to save for such things as replacing household items, school trips, birthdays, christmas, car maintenence etc. Should I now write to my MP asking for this to be passed onto the Parlimentary Ombidsman or is there another proceedure to adhere to prior to this action?
I am prepared to take my case as far as No 10. I feel that strngly that the regulation in place at the moment is questionable in many circumstances.