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help or advise needed

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  • HoneyNutLoop
    HoneyNutLoop Posts: 568 Forumite
    Tenth Anniversary 500 Posts Combo Breaker
    edited 27 January 2013 at 10:49PM
    Quietmouse,
    This is a link to the booklet the CSA produce that gives an overview of how maintenance is worked out on CSA1:
    http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@benefits/documents/digitalasset/dg_198872.pdf

    In every case, the CSA will work out the maintenance needed figure, the NRP's net income figure and the NRP's exempt income figure. (Pages 12 - 25). As you have a child together, if you do not provide your income details, they will assume you both contribute equally to your child's costs, and they will only give him half of the child allowance and family premium in his exempt income, together with his personal allowance (all based on Income Support rates for the relevant tax year).

    Page 23 excerpt explains for housing costs: "If a parent has no responsibility for paying the rent or mortgage for the place where they live, we won’t usually include any housing costs as part of their exempt income. This will usually be because they are living in someone else’s home – for example, living with a friend or family member who claims Income Support or Housing Benefit. But if the non-resident parent has housing costs when living in someone else’s home,we can include these costs in protected income."

    So, because you both live with your mother, he will not be given any housing costs in his exempt income calculation.

    Using the info from this table:
    http://www.dwp.gov.uk/docs/benefitrates2012.pdf
    his exempt income if you did not provide your income figure would be:
    Personal allowance £71 +
    half child allowance (£64.99/2) +
    half family premium (£17.40/2)
    = £112.20.

    They will deduct this from whatever they work out his net income to be, and that will be his assessable income for child maintenance. They then use a formula to work out his notional liability. This is where the maintenance needed figure comes in. As a rough rule of thumb, divide the assessable income by two. If this is more than the maintenance needed figure, he will pay that + an extra amount. If it is less than the maintenance needed figure, that's what will be the notional liability.

    There is then a second step to the formula to calculate the NRP's household's income and protected income (pages 32-34).

    If you do not provide your income details, they do not complete this stage of the calculation, because they cannot calculate the household's income. Your partner will therefore have to pay the notional liability figure calculated in the first stage, unless this is more than 30% of his net income, in which case it is restricted to that 30%.

    So, if his net weekly income was calculated as £300 a week, take off exempt income £112.20 = £187.80 assessable income. Half of this = £93.90. If this is less than the maintenance needed figure, this is what he'll pay. If it's more, he'll pay the maintenance needed figure + an extra amount.

    If you provide your income details, they will do the disposable income versus protected income figure.

    Your protected income would include a couples allowance £114.45, full child allowance £64.99, full family premium £17.40 and a standard margin of £30. If your mother does not receiving income support or housing benefit he will also get an amount towards housing costs in the protected income, to reflect the fact you are making a contribution towards the household. This is a rate determine by his net income. I can't find a table with the rates, but I think the maximum amount at the moment is around £50-£60 a week. They also add in an additional margin amount, that is a percentage figure so varies. So say a protected income of around £300 a week.

    They would then deduct this from your joint income (as the allowances given are joint allowances). If the amount left exceeds the notional liability figure, he'll pay the notional liability figure. If the amount left is less, he'll pay the difference between the household's disposable and protected income, unless this is more than 30% of his net income, in which case, that's what he'll pay.

    Clear as mud, I'm guessing, but that's the ins and outs.
    I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.
  • Thank you. Again learning from past mistakes all corrspondence is now sent record. On several occasions we have asked for a breakdown. We are yet to recieve them we usually just get sent a letter what shows expected payment. Or the one standard assessment one stating maintenence needed underneath says what it incpudess but never adds up. And a breakdown of nrp earnings protected income etc again nothing adds up.

    My maths is pretty good so should they be willing to tell me how theyve plucked up these figures I may get somewhere.

    I suppose a letter including a confidentiality notice should suffice then if I find out anything has happen re my income I may have a leg to stand on.

    With regards to rent. Im sure there will be evidence we can supply. Cheers.
  • Honey. Thats a blessing in disguise. To tired for sums tonigt but when I get in from work tomorrow ill be on a mission.

    Cheers

    Nrp just said oh I had thay leaflet before.....gggrrrr breathe..
  • Read right through the booklet working out our protected income, exempt income, assessable.income etc. All very clear.

    Also worked out maintenance needed but on his previous letter maontenance needed amd amounts he actually pays are nowhere near each other. He pays less than needed presumably its sonething to do with the pwc income. But not sure.

    Also anyone any idea how maintenance needed for a 2nd child (different pwc) would be worked out? The last letter he got said maint needed for child no.2 was less than no.1 but that child is younger and from the booklet etc it appeara that should be more due to the care allowance percentages.

    No sure if they make a deduction from net for child 1before working out no. 2.

    Either way its.got.my head done in. Plan on speaking to them tomoorow pm so head will probs hurt evwn more.

    Thanks again for the help
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