When does Child Maintenance stop?

lindens

My 16 yr DS lives with his dad and I pay voluntary maintenance as he is at college full time doing a BTEC. He has an interview tomorrow to go for a modern apprenticeship where he works 4 days and attends college 1 day to get his HNC. I presume If he gets this I don't have to pay maintenance any more?
Have been on the CSA website which is as useful as a chocolate teapot, no way will I ring them!!
Hope someone has experience of this!!

kelloggs36

I will cease when the Child Benefit ceases. There is a list of non-advanced education on their website. If HNC is not listed then liability should cease. Normally it ceases if the child is 16 and goes to work, or up to 19 if in full-time non-advanced education (which includes A levels or equivalent, but Higher education does not count as non-advanced).

welshcakes

I must be going mad. I was under the impression that if there is already a CSA case for a child in existence when they are in full time school, then if that child continues onto Uni without a break (ie does A Levels then goes to Uni that Autumn), that maintenance can still legitimately be claimed from the NRP until the child completes their degree.

... have I lost the plot cos I'm sure it was stated several times in a similar query thread on this site a while back?

Mr_Green_Genes

welshcakes wrote: »

I must be going mad. I was under the impression that if there is already a CSA case for a child in existence when they are in full time school, then if that child continues onto Uni without a break (ie does A Levels then goes to Uni that Autumn), that maintenance can still legitimately be claimed from the NRP until the child completes their degree.

... have I lost the plot cos I'm sure it was stated several times in a similar query thread on this site a while back?

I wouldn't like go as far as to say you've lost the plot but no, maintenance CANNOT be claimed for someone at uni. What is true (and what may be confusing you) is that the Children Act 1989 contains a clause in one of the Appendices to the effect that the person concerned can go to Court in person and make a claim for support from both parents whilst at uni.

Edit: It's actually Paragraph 2 of Schedule 1 to the Act.

welshcakes

Ah, that'll be it! Cheers Mr GG.

I presume that as a Uni student without sizeable income (just the usual bits of p/t work), my daughter would be exempt from paying the court fee?

Would she apply to the local County Court and does she just apply like a normal maintenance claim that a PWC would make to the court?

So many questions, so little money and not enough caffeine in the country!

Donedoingdebt

And would this claim only be up to a maximum age of 19?

kelloggs36

This claim would be until the end of the Uni course, but answers to Welshcakes' question would be great as I need some answers myself!!

windym_2

From the CSA website, click link and then select the GLOSSARY on the left hand side.

http://www.csa.gov.uk/en/PDF/leaflets/new/CSL301.pdf

Mr_Green_Genes

welshcakes wrote: »

Ah, that'll be it! Cheers Mr GG.

I presume that as a Uni student without sizeable income (just the usual bits of p/t work), my daughter would be exempt from paying the court fee?

Would she apply to the local County Court and does she just apply like a normal maintenance claim that a PWC would make to the court?

I don't know about the court fees question I'm afraid but a visit to the Court would get you the info.

The relevant bit of the Act says (in part):-

2.—(1) If, on an application by a person who has reached the age of eighteen, it appears to the court—

(a) that the applicant is, will be or (if an order were made under this paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or

(b) that there are special circumstances which justify the making of an order under this paragraph,

the court may make one or both of the orders mentioned in sub-paragraph (2).

(2) The orders are—

(a) an order requiring either or both of the applicant's parents to pay to the applicant such periodical payments, for such term, as may be specified in the order;

(b) an order requiring either or both of the applicant's parents to pay to the applicant such lump sum as may be so specified.

I have always understood the court to be the Family Court. As to how the application is made, to help the court, it would be as well to provide as much information as possible, so the same information as is neede for a CSA claim would probably be a good starting point.

crockpot

CSA have told my hubbie 2nd mon in sept following the childs 18th birthday.

So is this wrong?

Also what if they leave colleage at 17 ?

Thanks

kelloggs36

If they leave college at 17 and child benefit stops then it is this date.