CSA application for variation form

Dee7

Hi, can anyone help me with the wording to put in the categories -

Income not taken into account -

NRP was working, when said he wasn't, I provided proof of where he worked. His partner was and is working and claiming Tax Credits. NRP assessment was NIL for a period of time.

Lifestyle inconsistent with lifestyle -

NRP house area - houses are valued at the lowest £3000,000
BMW car
Exclusive holidays - which I have some photos of.
Expensive pastimes and days out i.e top of range racing bike, week end spas etc.

Daughter is 10 yrs old in this period of time I have received 3 payments, CSA class him as job hopper!!!

When he left us, he married, had 2 of a family seemingly have a personal agreement with them for maintenance, yet when I sent for my whole file from CSA shows they are taken into account in assessment.

He left that family, took up with another woman who he lives with and they have 1 child.

As I have disputed the case, I have been sent this variation form to fill in.
I have asked CSA for an account breakdown on all arrears on this file.
Why I have not received a reply to my original complaint despite being out of the timescale of 21 days. Sent on 10th Dec 2012.
Why the CSA have not issued a Liability Order for the debt (alleged debt)

Why the CSA not taken steps with bailiffs, a CCJ or the taking of money from the NRP bank account, or trying for a charge on any property he owns.

As the NRP has been non compliant on many occassions why has there not been a DEO imposed.

Why have I NEVER been offered compensation for CSA maladministration and incompetence.Caseworker phoned yesterday to inform me that DEO has been set up but probably wont be inforce to April wages.
Compensation has been refused.

I sent a letter to Chief Executive 11th Feb 2013 - waiting reply.

I would be grateful for any advice/ help possible.

Thanks

DUTR

Dee7 wrote: »

Hi, can anyone help me with the wording to put in the categories -

Income not taken into account -

NRP was working, when said he wasn't, I provided proof of where he worked. His partner was and is working and claiming Tax Credits. NRP assessment was NIL for a period of time.

Lifestyle inconsistent with lifestyle -

NRP house area - houses are valued at the lowest £3000,000
BMW car
Exclusive holidays - which I have some photos of.
Expensive pastimes and days out i.e top of range racing bike, week end spas etc.

Daughter is 10 yrs old in this period of time I have received 3 payments, CSA class him as job hopper!!!

When he left us, he married, had 2 of a family seemingly have a personal agreement with them for maintenance, yet when I sent for my whole file from CSA shows they are taken into account in assessment.

He left that family, took up with another woman who he lives with and they have 1 child.

As I have disputed the case, I have been sent this variation form to fill in.
I have asked CSA for an account breakdown on all arrears on this file.
Why I have not received a reply to my original complaint despite being out of the timescale of 21 days. Sent on 10th Dec 2012.
Why the CSA have not issued a Liability Order for the debt (alleged debt)

Why the CSA not taken steps with bailiffs, a CCJ or the taking of money from the NRP bank account, or trying for a charge on any property he owns.

As the NRP has been non compliant on many occassions why has there not been a DEO imposed.

Why have I NEVER been offered compensation for CSA maladministration and incompetence.Caseworker phoned yesterday to inform me that DEO has been set up but probably wont be inforce to April wages.
Compensation has been refused.

I sent a letter to Chief Executive 11th Feb 2013 - waiting reply.

I would be grateful for any advice/ help possible.

Thanks

I think you know you have a battle on your hands, house prices don't mean much, as do cars, the guy could be well in debt, if he is a job hopper, then the time a DEO is issued, then it can serve no purpose, great holidays and trips out can be done on the cheap.
Good luck though.

HoneyNutLoop

Dee7 wrote: »

Hi, can anyone help me with the wording to put in the categories -

Income not taken into account -

NRP was working, when said he wasn't, I provided proof of where he worked. His partner was and is working and claiming Tax Credits. NRP assessment was NIL for a period of time.

This isn't what this ground is for. This ground applies when the NRP has an income that cannot by law be taking into account under the standard formula, either because 1) it is not a type of income that is prescribed under Schedule 1 of the Child Support (Maintenance Calculation Procedure) Regulations 2000 - i.e. dividends; or 2) the NRP automatically qualifies for the flat rate or nil rate of maintenance because of a prescribed benefit, pension or allowance, but has other income that would fall to be considered under the quoted regulation if it were not for that automatic qualification.

Tax credits and earned income should be taken into account under the standard formula without the need for a variation. If the CSA do not accept the NRP is working or his household is in receipt of tax credits, a variation application won't fix this. Your route of redress in that instance is to appeal the decision.

Dee7 wrote: »

Lifestyle inconsistent with lifestyle -

NRP house area - houses are valued at the lowest £3000,000
BMW car
Exclusive holidays - which I have some photos of.
Expensive pastimes and days out i.e top of range racing bike, week end spas etc.

Your application will likely not pass the preliminary consideration stage with this info. Part of the process is that the applicant must have provided sufficient information to quantify the cost of the lifestyle, so that if the NRP does not respond to contest, the CSA has been given enough info by the applicant to work out a monetary figure. Unless you can quantify how much the above cost him, on a weekly/monthly/annual basis, the application will likely be rejected at the preliminary consideration stage.

The CSA do not complete any investigation to support a variation application. The onus is on the applicant to provide sufficient information and evidence to demonstrate that an award is appropriate.

This is a link to the variations legislation that governs under what circs they can give an award. Have a read to get some ideas about how you can strengthen your application.
http://www.dwp.gov.uk/docs/o-9321.pdf

Crellow4

If the NRP is receiving WTC you will not be awarded a Variation for Lifestyle, income not taken not account or assets. You can appeal the decision but the only avenue available to a tribunal is to try to prove the base assessment is incorrect as the declared earnings are wrong. A tribunal I'll not award a variation as they are prohibited in law from doing so.

HoneyNutLoop

Crellow4 wrote: »

If the NRP is receiving WTC you will not be awarded a Variation for Lifestyle, income not taken not account or assets.

Oops, totally forgot about that.