Non-resi parent not backdating change of circumstance

OKAPI

Just been speaking to the CSA - apologies but I have copied and pasted this from what I've written to a friend in an email.

Did you know that even though the CSA state that non-resident parents HAVE to inform the CSA to any change in their circumstances, there is nothing to stop the non-resident parent from not bothering to contact the CSA about an increase in wages they receive.

Not only that, when the CSA do find out about a change in circumstances (only because I requested a review of the case), there is NO legislation in place to make the non-resident parent pay any backpay from the date the change took place. It is only from when they are notified of a change in circumstances...

I've just been informed that my weekly payment has gone from £5 a week, to £30 a week. If he changed his job just after the last calculation was done... he could owe me over £3000. They will not tell me when he changed jobs (understandably I get that).

There is no incentive for the non-resi parent to contact the CSA because they just pay the increased amount from when they are informed of a change.


The 'team leader' I spoke to, tried to tell me that it 'works both ways' as if his wages had reduced and he hadn't contacted them, then he would have been paying extra (and me receiving more), than he should have done. Even if this is the case, any overpayment is deducted from my calculation and therefore does no effect him as his payments are just reduced further to cover the extra he paid out.

I only contacted the CSA on a whim as I found an old letter. I'm not currently receiving any money from them as my ex was subject to a default maintenance amount and he paid a lump sum of £2000 in 2009. He eventually gave them the correct wage figure which made the calculation £5 a week, which meant I had an 'overpayment'. I was calling them to see when the overpayment was paid off, and when I could expect to receive my £5 a week.

If I hadn't have contacted them I would still be none the wiser, and potentially none the wiser for a long time to have come!!

Is there anything I can do about this? I feel like I want to take this higher, the team leader says it is government legislation, I want to take it to the MP's or something but I don't know what to do

kevin137

Well you can raise a formal complaint, which should be your 1st thing to do...

The legalities are never very clear, if he is on a DEO that he MUST inform them, however, there are also cases when it can be backdated, the 1st thing to do is write making the complaint formal, then the 2nd thing to do would be to contact your MP to get him on your case, as they will go through it with less mistakes with an MP working with you.

IF the change is more than a certain % then he is supposed to notify but does not necessarily mean he has to either, there are exclusions in this if under a certain % and if he has under that for a number of pay rises then he would not fall into this, but if over then technically he should tell them...

Changing jobs is a whole different ballgame as i believe that would entail HAVING to under law notify them, as is the same for an address change...

Do both of what i said, it will take time to sort out, but they will nail it down in the end and more quickly with the MP...

kevin137

https://www.gov.uk/child-maintenance/changes-you-need-to-report

Must normally means required by law, but may not be so, but it could give you a claim for backdated due to his failure to notify on an active claim which means the rules are different...

clearingout

it is advisable that the PWC requests a review of circumstances on an annual basis, I think, particularly if there is little or no contact with the NRP. No, there's no incentive. I'm afraid you do have to treat the CSA like a hobby and play with it every now and again!

OKAPI

Thanks everyone. I'll write a letter to them first then as a complaint, just writing everything down.

I'm worried now though, I have three younger children that are not on the CSA case... I don't know if I've informed them about the number of children I'm receving child benefit for... Am I going to be in trouble for this? I don't remember being asked if I had any other children either...

DUTR

OKAPI wrote: »

Thanks everyone. I'll write a letter to them first then as a complaint, just writing everything down.

I'm worried now though, I have three younger children that are not on the CSA case... I don't know if I've informed them about the number of children I'm receving child benefit for... Am I going to be in trouble for this? I don't remember being asked if I had any other children either...

Are the others his though? He is only responsible for his own.

OKAPI

Nope they are not his. It was just what I read in the notifications, I wondered if the amount I would get is less due to having other children and more child benefit?

DUTR

OKAPI wrote: »

Nope they are not his. It was just what I read in the notifications, I wondered if the amount I would get is less due to having other children and more child benefit?

Nope, the amount is only worked upon qualifying children that are bilogically his or by adoption.

HoneyNutLoop

Hi OKAPI,
Do you know which scheme of child maintenance you are on? I.e CSA1 or CSA2? This impacts on what information the CSA will ask you for.

On CSA1, they would ask you for details of your household, including your income and housing costs if you aren't receiving benefits or working tax credits, and they will ask about the other children in your household too if they are not the NRP's, to work out some of the allowances in the formula, i.e. the carer allowance. On CSA2 the other children in your household don't come into it at all.

Re: your opening post, NRP's are only legally required to proactively tell the CSA about a change to their address, or if on a DEO a change to their employer, within 7 days. There is no other legal requirement that compels them to proactively report a change, with repercussions if they don't. Once the CSA is aware of a change and asks the NRP for info, it is a criminal offence for them to fail to provide that info or to misrepresent the info requested.

What this means in your situation, as described, is that legally your NRP hasn't done anything wrong by not proactively reporting a change. Fair/moral are obviously different arguments.

The date for most reviews is the date the CSA was told about a change. There are some circumstances when it is done from when the change occurred, for example someone starts or stops receiving JSA, someone ceases to be habitually resident in the UK, a child ceases to qualify for maintenance. But a change to income/employer (unless related to certain benefits ending) is reviewed from the date the CSA was told.

Putting in a complaint will definitely ensure someone checks things again, which should ensure any potential errors are picked up, I.e. were they actually told of this change before your recent contact. But it won't alter the methodology they have to use for setting the date from which payments are reviewed.

mutley74

think NRP try all methods to not pay maintenance. NRP in my case has submitted probably the 6 or 7th change of circumstances within 7mths, and now says they are on benefits; but I am told by an some other source they are still working and getting paid as normal.

DUTR

mutley74 wrote: »

think NRP try all methods to not pay maintenance. NRP in my case has submitted probably the 6 or 7th change of circumstances within 7mths, and now says they are on benefits; but I am told by an some other source they are still working and getting paid as normal.

They can't submit change of circumstances unless they occured, seems odd that you want to believe the other sources rather than the official line