CSA and a change of circumstances

bench0_1

Many thanks. Been on their website and got their number so will ring them tomorrow to find out what position I am in.

Prudent

I hope you get a good outcome. It sounds as though at least your long term payments can be reduced.

N71

You really need to phone Child Benefit and get it transferred into your name - then phone CSA (or go online) and open a CSA case with you as the parent with care.

Ex-partner should have also told Income Support child is no longer in her household so her benefit can be adjusted.

It may seem extreme, expecially as child may only be with you for a short time, but opening the new CSA case, will drag the existing case across, which will automatically close and your payments will be adjusted.

Its easy to change child benefit/income support/CSA as soon as the child goes back home.

kelloggs36

Child Benefit will launch an investigation before switching payment to you. They will write to the PWC and ask what the situation is - whether it is temporary or permenant. If deemed temporary, they won't switch it, although after a certain number of weeks, you can claim if the situation hasn't changed. They are very reluctant to change payee unless they are absolutely sure of the circumstances. I had this problem years ago when I claimed for my daughter who stayed with me 4 nights per week (me being the primary carer), but because her stepmother had already got the Chb they asked her for her version of events and she blatantly lied verbally, but wouldn't commit to putting it in writing, so eventually after a long wait, the Chb was transferred to me.

bench0_1

I have now contacted the csa and CB and told them the situation. My ex-wife tells me she phoned the CSA before she left the country on holiday! JUst waiting to hear back from both of them now. Must admit I am not holding my breathe though!!!

bench0_1

kelloggs36 wrote: »

Check out the Child Benefit rules on the Inland Revenue website, this will give you guidelines which they follow in determining when Child Benefit is awarded. It depends on what happens if your case gets reassessed under the new rules. The existing case would have to close altogether, and this may not happen, especially if she has him back after a couple of weeks, so don't expect it to happen. However, if you successfully get the case closed due to your change in status, from NRP to PWC then I am not sure if the situation would change if your son were to return to his mother and she then have to claim again. I shall see if I can find out.

hiya wnodered if you had been able to find anything out for me yet? hope all is well?

kelloggs36

Oh, sorry I forgot!!! Will do that now!

kelloggs36

I have made an enquiry and will get back as soon as I get a response! In the meantime, Janiegs may know?????

Mr_Green_Genes

kelloggs36 wrote: »

Child Benefit will launch an investigation before switching payment to you. They will write to the PWC and ask what the situation is - whether it is temporary or permenant. If deemed temporary, they won't switch it, although after a certain number of weeks, you can claim if the situation hasn't changed. They are very reluctant to change payee unless they are absolutely sure of the circumstances. I had this problem years ago when I claimed for my daughter who stayed with me 4 nights per week (me being the primary carer), but because her stepmother had already got the Chb they asked her for her version of events and she blatantly lied verbally, but wouldn't commit to putting it in writing, so eventually after a long wait, the Chb was transferred to me.

On the other hand, I got my case recognised instantly. The CSA told me that they regarded my change of situation as temporary because they asked the (new) NRP and that's what she told them. I instantly wrote back and asked them where in the legislation it said that they could demand maintenance from a PWC. Of course they didn't reply immediately, they just (eventually) agreed with me. Mind you, I accused them of sexism because of me being a male PWC which may have thrown them - after all, it's not supposed to be like that, is it???

Always ask them for details of exactly which piece of legislation says that there is any direct, legal connection between Child Benefit and being defined as either the PWC or the NRP. You will not get an answer. I'm not a lawyer so I can't say for sure but I think that's because there isn't one. It's possible that they don't know either, they're just reading from their script. Maybe someone from the CSA can enlighten us?????