CSA - Child Benefit and Apprentices

rb211

Situation I am in at the moment is, my son who lives with his mum, left school approx 18 months ago and starting working as an apprentice and goes to college 1 day a week for 8 hours.

It has come to light that the mother is still receiving child benefit for him and therefore I have to pay maintenance. I have been trying to address these change of circumstances since before Christmas but I have got absolutely nowhere, so I stopped payments in March in an attempt to get her to state to CB/CSA that he is working.

Just had a phone call off CSA who are saying if I carry on with this stance (not paying until he is removed from the assessment) they will go to my employer to collect payments.

Child benefit won't talk to me about the case because I am not the claimant. I have done the benefit fraud hotline 2 months ago !

Has anybody got any suggestions how I can move this forward,because this does seem unbelievably unfair that she can commit benefit fraud and I still have to pay.

krashovrload

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It's my understanding that an apprenticeship is not the same as being at college in full-time aducation and so you should'nt have to pay maintenance so I don't know what the CSA is talking about..

But then when do they..? I was on a 'Nil Assessment' when my JSA dropped to £4.08 per week and they still came after me for the £5 minimum payment for being on JSA...

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rb211

Many thanks for your reply, but the reason CSA is still payable is because the PWC is claiming CB, and in my view, fraudulently.

Debicj

the reason CSA is still payable is because the PWC is claiming CB, and in my view, fraudulently

This may be correct but it might not be the case. I was the PWC in this situation recently.

It depends what kind of an apprenticeship it is. There are some that are classed as 'employment' and some that are 'education'. I think it basically comes down to whether they are 'working' for an employer and being paid the apprenticeship rate of around £92 per week or more. If they are, then child benefit is no longer allowed. The other type of apprenticeship is usually more college based and the only income for the child would possibly be EMA.

Could you find out from your son, the title of his apprenticeship and whether or not he is being paid? This might help you to establish which sort of apprenticeship it is.

rb211

thank you

he is paid just over £100 per week, he has a contract of employment, works 4 days a week and goes to college 1 day a week for 8 hours.

I have told CSA all this but their reply is always, that if CB is in receipt then so is CS, and nobody wants to do anything about it. They know the course he is on, the college he attends and how many hours he is there, but they say the college will not disclose this information to them, so now they want to deduct maintenance for him from my wages.

He also pays his mum board! whilst she gets CSA + CB + Tax Credits for him

McKneff

What does 'it has come to light' mean. Who told you.

kevin137

Ask him if you can have a copy of his payslip.. This will quickly stop any fraudulent claim should it indeed be fraudulent...!

shoe*diva79

To be fair, the CSA are just following their own rules. If our ex is claiming CB fraudently then you need to report this, provide evidence etc. There wil end up being a overpayment of CM but ou should be able to claim this back at a later date when you know the date the CB ceases.

rb211

@mckneff CSA said then when they do the new assessment and he is named on it then the PWC is definitely claiming CB for him

rb211

@shoe diva what makes you think I can afford to make overpayment?