CSA1 Complaint / Appeal Loophole Query

Youngatheart

Hello everyone,

Due to the CSAs failure to review an assessment lastyear, I put in a complaint. During the complaint process it came to myattention that the NRP had supplied misleading information for the assessmentlast year, and a prior assessment in 2010/11. I then supplied the CSA withdetailed information of where the NRP mislead the CSA, and asked they re-look atboth assessments.

I have just been informed that the review was decided inDecember 2012 and because one month has passed, I cannot appeal - despite not receiving any notification ofthe decision, and the NRP providing false information. Likewise I have beeninformed that I cannot appeal against the decision from 2010/11 despite the NRPgiving the CSA false information.

The NRP has given up a career, sold his house and goneinto hiding - no job, tax payments or whereabouts is known. The CSA say they cannotenforce the arrears as they do not have a current address for him. I was underthe impression mail could be sent to the last known address?

Can I appeal either or both decisions despite the onemonth time limit? If not is there any other process that can be followed due tothe NRP providing the CSA with incorrect information? Have I ended up in a loophole by going through the complaints process and not an appeal process?

Thanks in advance.

HoneyNutLoop

You can still lodge an appeal, but the CSA will have to forward it directly to HM Courts and Tribunals Service to decide if it is willing to hear an out of time appeal.

Legally, the one month time limit can be extended by 12 months if there are good reasons for the person having delayed submitting their appeal. Good reason isn't defined. So the maximum timescale that HM Courts and Tribunals service will normally consider for an out of time appeal is 13 months from the date you were told in writing about the decision you want to appeal.

For enforcement purposes they must have a current address in order to satisfy the courts that the summons was correctly served.

Youngatheart

Hi HoneyNutLoop,

Thank you for your reply.

Would it still be classed as an out of time appeal if the reason it is late is due to the CSA not advising me that the review has been conducted?
I started complaining about the length of time the review was taking within one month of when the CSA claim it was completed.

Regarding the prior assessment that was almost two years ago. Are there any circumstances that would allow the 13 months to be extended?
Eg: NRP providing misleading information or CSA not confirming the information given was correct.

Do I need specific forms to make an appeal, or do I just write to the CSA?

Thank you again.

HoneyNutLoop

This is the appeal booklet they send out:
http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@benefits/documents/digitalasset/dg_198854.pdf

An appeal just has to be in writing though, it doesn't have to be on a particular form. Just make sure your letter is clear that you are appealing, which decisions you're appealing, your reasons for appealing and also why it's submitted outside the normal one month.

Yes, it would still be considered an out of time appeal if the one month has passed and the CSA has noted in it's records that it did write to you about the outcome of it's review (whether or not you received it). The letter itself is not the most clear, as it doesn't tell you what it relates to, it just says something along the lines of "we have decided not to change your maintenance calculation because we have not been given any new info or evidence to warrant a change". The explanation you've given above would be your reasons for why the appeal has been submitted late.

The 13 months is the extension, legally there isn't any further extension. If misrepresentation is proven and it benefited the person who misrepresented, there is no time limit for changing a decision, but it would seem from the outcome the CSA has decided that it does not agree with you that misrepresentation has occurred? As for if HM Courts and Tribunals Service would still accept the appeal outside the 13 months, I honestly couldn't say. It is up to them to make that decision. Nothing lost by trying though.

Youngatheart

Thank you again HoneyNutLoop,

I will go down the appeal route for both assessments and see where it leads.
Do I need to lodge seperate appeals for each decision or can both be included on one appeal?

Also would there be any mileage in continuing with the complaints process at 2nd tier and then ICE whilst the appeal is being dealt with?

The NRP benefited substantially from providing misleading information a couple of years ago. I believe it reduced the maintenance liability by somewhere in the region of £60.00 per week.

Thank you again for your help HoneyNutLoop.

kelloggs36

if fraud is involved, then the timescales do not apply.

HoneyNutLoop

Youngatheart wrote: »

Thank you again HoneyNutLoop,

Do I need to lodge seperate appeals for each decision or can both be included on one appeal?

You can just send one letter. Just make it clear you're appealing two decisions.

Youngatheart wrote: »

Also would there be any mileage in continuing with the complaints process at 2nd tier and then ICE whilst the appeal is being dealt with.

There's nothing to stop you pursuing both at the same time. There may be issues with maladminstration that the complaint will pick up on, whilst the Tribunals Service will look solely at if the maintenance calculation is correct.

Youngatheart

I think I am going to be writing lots of letters over the coming days !

Thank you again HoneyNutLoop, and thank you too Kelloggs36.

I will try to let you know how I get on in due course.

Youngatheart

Quick update, and further queries.

The appeal was lodged for both assessments, and I received a phone call yesterday confirming that it had been received.

But (there's always a but isn't there!) .....

The person I spoke to was concerned that if the appeal for the 2010 / 2011 assessment is successful, the appeal service may decide that an interim B assessment should have been implemented. However the CSA may not be able to implement it if the NRP refuses to give the NRPP's details.

The concern being that it could result in the earlier assessment of £20 per week being brought back into force (pre 2010 assessment), leaving me to pay back the difference between the two calculations for money received over the last two years. Which would be quite a significant sum.

The representative suggested that I should seriously consider not taking the appeal of the earlier assessment any further, because of some legal loophole that could result in the above happening.

Is this something that anyone is aware of? Is there any possibility that the CSA could revert the decision, leaving me effectively with a significant overpayment?

Thank you again for any advice that you can offer with this.

Sensemaya

Youngatheart wrote: »

Quick update, and further queries.

The appeal was lodged for both assessments, and I received a phone call yesterday confirming that it had been received.

But (there's always a but isn't there!) .....

The person I spoke to was concerned that if the appeal for the 2010 / 2011 assessment is successful, the appeal service may decide that an interim B assessment should have been implemented. However the CSA may not be able to implement it if the NRP refuses to give the NRPP's details.

The concern being that it could result in the earlier assessment of £20 per week being brought back into force (pre 2010 assessment), leaving me to pay back the difference between the two calculations for money received over the last two years. Which would be quite a significant sum.

The representative suggested that I should seriously consider not taking the appeal of the earlier assessment any further, because of some legal loophole that could result in the above happening.

Is this something that anyone is aware of? Is there any possibility that the CSA could revert the decision, leaving me effectively with a significant overpayment?

Thank you again for any advice that you can offer with this.

I wouldn't believe anything 'advisers' tell you. I was told to stop an ICE complaint, but didn't...

Take a look at Kelloggs post #13

https://forums.moneysavingexpert.com/discussion/2836446

And hopefully other peeps inc Kelloggs ( Hi there K ) will be back to advise further.

HoneyNutLoop

Youngatheart wrote: »

Quick update, and further queries.

The appeal was lodged for both assessments, and I received a phone call yesterday confirming that it had been received.

But (there's always a but isn't there!) .....

The person I spoke to was concerned that if the appeal for the 2010 / 2011 assessment is successful, the appeal service may decide that an interim B assessment should have been implemented. However the CSA may not be able to implement it if the NRP refuses to give the NRPP's details.

The concern being that it could result in the earlier assessment of £20 per week being brought back into force (pre 2010 assessment), leaving me to pay back the difference between the two calculations for money received over the last two years. Which would be quite a significant sum.

The representative suggested that I should seriously consider not taking the appeal of the earlier assessment any further, because of some legal loophole that could result in the above happening.

Is this something that anyone is aware of? Is there any possibility that the CSA could revert the decision, leaving me effectively with a significant overpayment?

Thank you again for any advice that you can offer with this.

Category B interim assessments can't be backdated the first time one is put in place on a case. You need to find out if there has ever previously been a category B interim assessment on your case, even if it was in relation to a different partner at the time, and then this rule would no longer apply because this would be a subsequent category B interim assessment. (It's ok for there to have been times in between when this type of assessment wasn't needed - that doesn't "reset" the rule so to speak).