Ex Claiming he's split up

skibadee

Please also note that when your child goes onto HNC child benefit/child maintenance will no longer be payable.

I would definetly report him/them for benefit fraud if what he says does happen.

Ly13

galangm8 wrote: »

As your case is still CSA old rules remember the 'Carer Element' ENDS when child becomes 16 years old (£71.00pw at today's rates).:eek: Makes a big, big difference.

What do you mean? my daughter was 16 in nov 2012?

will this make my payments go up or down? she's in 5th year at school

thanks L

galangm8

Ly13 wrote: »

What do you mean? my daughter was 16 in nov 2012?

will this make my payments go up or down? she's in 5th year at school

thanks L

When your child became 11, then 14 years of age, the care element should have reduced each time and then stopped in full when child became 16yrs of age.

NRP obviously does not know this as he would have contacted CSA to get a reduction much earlier, seeing as he is looking for 'ways' to pay you less.

If you look on your maintenance required sheet it will show the care element amount (at Income Support Adult rate for that year), that will be deducted in full as child is 16yrs now and does not need any one to care for them!

One of the parents' have to advise CSA of child's age/change of circumstances and they do a reassessment, otherwise it stays the same until case closed.

What year was your case opened?

Do you think he may have had many wage increases since then and that's why he never wanted a reassessment because the care element brings it down but his wage increases could have evened it out or even increased the amount.

Ly13

When he was assessed in 2001 he was earning 17k, he pays 20% for my daughter so worked out about £275 pm once rent was considered, there hasnt been a reassessment since.

I am quite happy with this as he does spend extra money on my daughter and takes her out etc and gives her money some weeks. He told my daughter he earns 30k now, but as he has another baby to look after i didnt want to rock the boat and keep things as they are, as he is good to my daughter.

Taking this element into consideration and his new baby and earnings increase, would my payments go down or up? also would he get this element back dated 5 years when my daughter was 11?

thanks for all your help

L

wayne0

Ly13 wrote: »

great thanks. He might try it but by the looks of it he'll get caught in no time.

he's on the old scheme so pays 20% for my daughter, so i guess this is why he's giving it halvers! i'll wait and see, he's paid it so long would be foolish to stop paying it now or trying this on.

maybe its because he thought my daughter would leave school but now she's planning on staying on ano 2 years then going to do an HNC at college.

Thank you

L

an hnc doesnt qualify for child support... its simular level to a degree (Level 4, above an A Level - and therefore Advanced education)

- just noticed that someone else mentioned this :P

- as for carer element, isnt part of the calculation a statatory duty, therefore i would assume that the NRP could get it backdated if it wasnt reassessed at the right times (shouldnt CS1 cases be assessed yearly?)

HoneyNutLoop

No, they won't backdate a change to do with the carer's element, it's considered like any other review request and gies from the date they were notified. Also it'll only make a difference by itself if the NRP was paying the maintenance needed + additional element figure. £275/month = £63.46 a week.

Maintenance needed:
Child allowance: £64.99 +
Family premium: £17.40 (assuming you haven't any other child living with you?)
Less child benefit £20.30 (assuming she's the oldest child in your household)
= £62.09 maintenance needed figure.
The assessment normally needs to change by more than £10 a week for payments to change, although in certain circumstances this tolerance is £1 or £5.

As for the HNC thing, you said your daughter's staying on at school for another 2 years before going to college for the HNC so she'll be around 18 then? CSA payments only continue while the child is studying up to A-level or equivalent or if child benefit remains in payment. Obviously when you tell the child benefit office when she starts this course in a couple of years, they'll be able to tell you if child benefit will continue. Or you could call them now to ask if you're curious/concerned.

galangm8

Ly13 wrote: »

When he was assessed in 2001 he was earning 17k, he pays 20% for my daughter so worked out about £275 pm once rent was considered, there hasnt been a reassessment since.

I am quite happy with this as he does spend extra money on my daughter and takes her out etc and gives her money some weeks. He told my daughter he earns 30k now, but as he has another baby to look after i didnt want to rock the boat and keep things as they are, as he is good to my daughter.

Taking this element into consideration and his new baby and earnings increase, would my payments go down or up? also would he get this element back dated 5 years when my daughter was 11?

thanks for all your help

L

Don't worry the changes can only be made from the first contact with CSA so they can't go back to when child was 11, 14 or even 16 unless there are drastic circumstances, like in my case.

As Honeynut has copied out the maintenance required at today's date, your assessment would almost even itself out, if that was the only change (carer element), but when you take into consideration - newbaby, earning £30.000, housing costs, your assessment would probably end up more, but that's not what you want.

It seems your daughters father is a hard working, thoughtful. sincere man, who has went out of his way and beyond to provide for his responsibilities, well done to him.

Ly13

galangm8 wrote: »

Don't worry the changes can only be made from the first contact with CSA so they can't go back to when child was 11, 14 or even 16 unless there are drastic circumstances, like in my case.

As Honeynut has copied out the maintenance required at today's date, your assessment would almost even itself out, if that was the only change (carer element), but when you take into consideration - newbaby, earning £30.000, housing costs, your assessment would probably end up more, but that's not what you want.

It seems your daughters father is a hard working, thoughtful. sincere man, who has went out of his way and beyond to provide for his responsibilities, well done to him.

yes that is part of it, dont get me wrong he has his moments! but overall he's always paid and will continue to do so. As much as he says he'll do this and that, he wont see his daughter suffer.

There has been no further mention of claiming he's split up, prob just a rant. In anycase he's only got another year or two to go.

thanks for all your assistance, peace of mind for me.

L. x

Ly13

HoneyNutLoop wrote: »

No, they won't backdate a change to do with the carer's element, it's considered like any other review request and gies from the date they were notified. Also it'll only make a difference by itself if the NRP was paying the maintenance needed + additional element figure. £275/month = £63.46 a week.

Maintenance needed:
Child allowance: £64.99 +
Family premium: £17.40 (assuming you haven't any other child living with you?)
Less child benefit £20.30 (assuming she's the oldest child in your household)
= £62.09 maintenance needed figure.
The assessment normally needs to change by more than £10 a week for payments to change, although in certain circumstances this tolerance is £1 or £5.

As for the HNC thing, you said your daughter's staying on at school for another 2 years before going to college for the HNC so she'll be around 18 then? CSA payments only continue while the child is studying up to A-level or equivalent or if child benefit remains in payment. Obviously when you tell the child benefit office when she starts this course in a couple of years, they'll be able to tell you if child benefit will continue. Or you could call them now to ask if you're curious/concerned.

Yes she's in 5th at moment and will go into 6th year this august, then will prob do an NC after that, or maybe even an HNC. She'll be 17 later this year and be 18 when she leaves school next June14 then starts college Aug14, so she'll be 19 come may 15 when she finishes first year college.

L

RAS

What people are trying to explain is that when she goes to college at the age of 18, your CSa will cease, as will any claim for CB. Students doing an HNC are not doing an A level equivalent course. It counts as Higher Education (and she will get fees and loans from Student Finance in whatever country you live.)