CSA Online Proceedures... - quite "insiteful"...

wayne0

I put in a FOI request to see a copy of all guidance issued to CSA team members (refered to as "The CSA Online Proceedures" (just send an email to DWP's FOI email address if you want a copy, they will send you a CD with it on... - its free...)

any way, on the "Variations" section, i notice this:

Just And Equitable Consideration


Just and Equitable - General

A Variation may be agreed using discretion only where it would be Just and Equitable (J&E) in all the circumstances of the case to do so. For further guidance, please refer to The Use of 'Just and Equitable' in Variations.

The effect that the J&E provision will have on any Variation will depend on the circumstances of the individual case and the exact nature of the representations made. A Variation may not be reduced, but following a tribunal decision in August 2009 it is no longer an all or nothing decision.

CS Act 1991 Section 28F(1)(b)

CS (NI) Order 1991 Article 28F(1)(b)

As the just and equitable consideration can only be applied once per calculation, (Variation Sched 115), a change brought about by a change to the grounds cannot be carried out. When there is a necessity for more than one calculation follow the steps below:

Activity
Steps

Calculating variation Shd 1 Para 15's

<li class="kadov-p">Record all appropriate changes. <li class="kadov-p">Perform the first varied MC and record an appropriate J & E decision. <li class="kadov-p">Request ad hoc launch

Task 551 from team leader.
<li class="kadov-p">Complete each SDH1 Para 15 calculation separately, using the decision type of supersession (Variation).
<li class="kadov-p">Record the appropriate J&E decision against the last calculation.
[*]Cancel each of the system-produced MC notifications and issue a single clerical notification to the applicant and non applicant.



A Variation may be agreed only where it would be "just and equitable" (J&E) in all the circumstances of the case to do so. In arriving at this discretionary decision, the decision maker must consider a number of factors set out at Regulations 21 of the Variations Regulations. The decision maker must also consider whether the welfare of the child would be adversely affected by the decision.

The effect that the J&E 'test' will have on any Variation will depend on the circumstances of the individual case and the information supplied by both clients.

Where a variation application is made on several different grounds, the question of whether it is just and equitable must be considered in relation to the overall outcome of the application. That is, whether the effect on the calculation of a variation given on the basis of several eligible 'special expenses' or other grounds would be just and equitable to all parties.

The question the variation decision maker should ask is 'If I give this variation it will increase/reduce the maintenance calculation by £XX. Taking all of the circumstances of the case into account, is it just and equitable for the maintenance calculation to be increased/reduced by this amount?

The "Just and Equitable" consideration is given to ensure that a decision made in law, is fair to all parties. The law relating to Just and Equitable consideration in relation to the Variations scheme can be found at:

Section 28F(1)(b) of the Child Support Act 1991 and/or

Article 28F(1)(b) of the Child Support (NI) Order

Many NRP's comment on the fact that their variation for contact costs make no effect on the assesment...

and following on from the MP's guidance where it states the CSA's aim is "to collect as much money as possible"...

wayne0

Sch 3B, para 15

Activity
Steps

Table 1.

Where there is a regular pattern of travel between home and work

<li class="kadov-p">Calculate or estimate:

<li style="list-style-type: lower-alpha;" class="kadov-p" type="a">the straight-line distances between the person's home and each of their workplaces and; <li style="list-style-type: lower-alpha;" class="kadov-p" type="a">the straight-line distances between each pair of workplaces, between which the person ordinarily travels and;
1. the number of journeys the person makes between each pair of places in a period which is considered to be representative of the person's normal pattern of work ([URL="javascript:kadovTextPopup(this)"]Note)[/URL].
   The period should be in whole weeks and should disregard any pairs of journeys between the home and workplace which are both made within a period of two hours.
   

<li style="list-style-type: decimal;" class="kadov-p" type="1">Multiply the distances calculated by the number of journeys.
<li style="list-style-type: decimal;" class="kadov-p" type="1">Divide the resultant figure by the number of weeks in the period.
[*]Allow 6p per kilometre for the excess over 240 kilometres (this is about the same as 10p a mile for each mile over 150).
CS (MASC) Regs, Sch 3B, para 15(1); Sch 3B, para 16(a)
Sch 3B, para 16(b); Sch 3B, para 17; Sch 3B, para 18; Sch 3B, para 19; Sch 3B, para 20