Qualifying Child Non advanced education

CSA_Help

What is the definition of a qualifying child under CSA2

How many hours of Non advanced education should there be or is child benefit the determining factor?

Many thanks

wayne0

whilst in law CB is not the determining factor of CSA payments... the CSA use HMRC's judgement as to whether a course is "Qualified" as CB qualification is the same (except CB doesnt require you to be in the UK).

For this reason, unless the child is outside of the uk, its prob best to see here:
https://www.gov.uk/browse/benefits/child

https://www.gov.uk/when-child-benefit-stops

https://www.gov.uk/child-benefit-16-19/your-child-leaves-education-or-training

the section that CSA might overlook is this part (which it isnt stated in CSA legislation, so CSA could effectively still be payable if they qualify otherwise):

If your child leaves education but then goes back

If your child returns to education or training and it counts for Child Benefit, you can make another claim.
Your child needs to have started, enrolled or been accepted on a course before their 19th birthday.

CSA_Help

That's the stuff I had looked at but the case closed in September 2011 then was reopened . A tribunal says its ok for the csa to do that as long as child is in receipt of child benefit. "I HAVE TO MAKE A FRAUD REFERAL" to HMRC as the child isn't in FT non advanced education. The child was 19 in November

HoneyNutLoop

That's because it is in child support law that child benefit is linked to a child's eligibility for maintenance. I've quoted/linked to the law on question recently on the thread about the mp's guide to child maintenance. You'll see the whole debate there.

You could ask the tribunal for a statement of reasons for its decision btw, and it may actually quote the law it's used to base the decision upon.

CSA_Help

HoneyNutLoop wrote: »

That's because it is in child support law that child benefit is linked to a child's eligibility for maintenance. I've quoted/linked to the law on question recently on the thread about the mp's guide to child maintenance. You'll see the whole debate there.

You could ask the tribunal for a statement of reasons for its decision btw, and it may actually quote the law it's used to base the decision upon.

Can you give me a link to your thread please.

The tribunal showed me the book, however the legislation quoted in the decision notice never mentioned anything about child benefit being payable. I thought the course had to be 12 hours or more

HoneyNutLoop

https://forums.moneysavingexpert.com/discussion/comment/59014077#Comment_59014077

I think it causes debate because this is a recent ish change in child support law - April 2010 I think - will double check and come back.

HoneyNutLoop

It was updated from 10/11/2009 by this regulation:
http://www.dwp.gov.uk/docs/o-8947.pdf
This updated the provisions in the Child Support (Maintenance Calculation Procedure) Regulations 2000.

CSA_Help

I've done what the judge says and report it to the HMRC. Could take months to investigate though.