CSA & overtime?

kelloggs36

No, haven't forgotton, been doing my history assignment! I shall take a break in a bit and get out my paperwork and do a notional assessment for you!

kelloggs36

Right, here goes:

This scenario is based on the following. The NRP has a partner who works, but they do not have any children in the household. There is no shared care and the NRP has a net income of 375 pounds per week. The partner earns 200 pounds per week, thus a net income per week of 575 pounds. The parent with care is in receipt of Tax credits so her income is ignored. The child for whom maintenance is required is 3 years old and is in good health.
I am using rates applicable for last year. His council tax is 1025 per year.

The assessment is calculated as follows:

Stage 1 - calculate the Maintenance Requirement:

Child allowance = 45.58 (based on Income Support rate)

Child Benefit payable =17.45

Carer allownace: 57.45 (based on single person's income support rate allowed in full as child is below 11 yrs of age) plus 16.25 family premium. Total carers allowance = 73.70

Maintenance Requirement is therefore: Child Allowance + Family Premium - Child benefit: 45.58+73.70-17.45 = 101.83

Stage 2: Calculating Exempt Income

NRP's net income = 375 per week.

exempt income: Personal allowance 57.45 (based on single person's income support rate) = housing costs, for this purpose 125 per week rent. He has no children and attracts no child premiums or disability premiums or carer premiums. He has no allowable travel to work costs as he travels less than 150 miles as the crow flies. His total exempt income is therefore: 57.45 +125 =182.45

His ASSESSABLE income is: Net income - Exempt income = 192.55 (375 - 182.45)

Stage 3: not applicable as there is only 1 assessment unit and the PWC's income not used so the Available Assessable income is 192.55

Stage 4:

Assessment of maintenance payable (notional assessment):
His available Assessable income is greater than the Maintenance requirement, so he pays a basic element which is the Maintenance Requirement plus an additional element which is 15% of what is left, up to a limit. In this case his additional element is: 90.72 X 15% = 13.60.

The total Notional Assessment is therefore: 101.83+13.60 = 115.43

Stage 5:calculating Protected income

Disposable income of the household = 375 (NRP income) + 200 (partner's income) = 575 per week

Protected income = 90.10 personal allowance (based on income support rates for a couple) + housing costs 125 (full rent allowed) + council tax 20 (1025/52 for weekly rate) + 30 (given as a standard margin)= 265.10 + 15% of the difference between the disposable income and the protected income (575 - 265.10 X 15%) = 46.49

Protected income is 265.10 + 46.49 = 311.59 per week which means that the maintenance CANNOT leave the household with less than this figure.

Stage 6: Check if the Notional Assessment is affordable.

Protected income = 311.59

Calculate 30% of NRP's net income = 112.50

Take the lower figure of Disposable income - Protected income (263.41) or 30% of NRP net income In this case 112.50

Notional Liability is 115.43

As the Notional Liability is more than 30% of NRP's net income then the Maintenance Assessment is 112.50.

Now of course there are so many variables which could affect this figure, such as shared care, PWC income, children in the NRP household for example.

Let me just give an example of what can happen when the new partner of the NRP does not want to give her details, which she doesn't have to do. In this scenario, it would make no difference to the assessment, but if she were to have say, 4 children of her own, then the protected income would be as follows:

90.10 + 45.58+45.58+45.58+45.58+16.25+125+20+30= 463.67

575-463.67 X 15% = 16.69

Protected income is: 463.67+16.69=
480.36

Disposable income - Protected income = 94.64

Therefore, the assessment drops to 94.64 per week instead of the 112.50 because of the children increasing the protected income. Without those details the NRP would have to pay his Notional Assessment, or 30% of his net income (whichever is lower) which is an IMA(B).

kelloggs36

Under the new rules the NRP would pay 15% of his net income which is 56.25 per week, in this case he would benefit considerably by being under the new rules.

kelloggs36

Oh and under the second scenario, where the NRP's partner has 4 children he pays 375 - 25% = 281.25 X 15% = 42.18 per week

aussiesbird

:eek: :eek: :eek:
Thanks very much kelloggs36, sounds totally confusing so I will have to sit down when there's a quiet moment here and take it all in!

kelloggs36

No wonder they changed it!!

samjocky

Kellogg36 - my partner is a NRP under the old rules - I am a parent with care with an assessment under the new rules. If we married - would he transfer to the new rules?

I only ask because the amount he is paying now is criminally higher than what he would pay under the new rules. We are breaking our backs trying to pay it. Thank you

kelloggs36

Nothing would change if you get married as you are not directly involved in your partner's case. I take it that you are living together and the assessment does take account of your correct circumstances? If not, then you need to work out whether it would be in your best interests to request an up to date assessment which takes account you and your children. Do you have any children together? How many children do you have in your household? Do you work?

borderlakland

hi have just been reading these thread have i understood it right that my bf who lives with me and currently in assesment with csa for payment for their daughter can claim a discount from payments due to the fact i have 4 my kids living with us?also due to him being lumbered for store loans for new kitchen i & fridg he paid for while still with his ex(obviously still in house with ex)loans are solely in his name does this make a dif. would appriciate any help from those of you who seem far more knowledgeable than us on the subject.any help appriciated

kelloggs36

Which system are you under? If the new one, then yes, he should be looking to get a reassessment which takes into account the children in the household. Also, he should be applying for a Variation on the grounds that he has debts of the relationship.