child leaving college and csa

his_wife

I am posting this on behalf of my husband, i am simply writing what he has told me too, his daughter got withdrawn from college in march this year, her mum appealed in april , and got refused. This is not the first time this has happened.

His problem is, csa is still payable as long as cb is, csa are no help at all, we are getting the as long as child benefit is payable line,,, and child benefit are even less help!

Can anyone, please advise on what we can do next, she is 19 and a half, he doesnt pay a small amount either, now her mum is trying to say, that she is merely changing courses, and reapplying in september for a totally different course,, will child benefit still be payable then, as she has applied for a course after her 19th birthday, i am under the belief that she should of stopped recieving payments from the 4th june.

Thank you in advance

kevin137

While the CSA claim that CB is the qualifying factor, ask them for proof of this, in the legislation.

State AGAIN that the child is no longer a qualifying child and that this has previously been raised with the CSA as a change of circumstances, and that you expect them to act on the information that the child has in fact been excluded.

Try to obtain copies of the exclusion and send that in as well.

Give them 14 days to respond and assess the overpayment with an explanation as to when you will be refunded the overpayment.

Wait the 14 days and then raise a formal appeal copied into your MP and make it very clear that the CSA is subject to collection for qualifying children only, and that you will if not responded to in the appropriate manner with the refund following swiftly, that you will take legal action for any and all payments deducted since the child was excluded.

That is the best you can do, and hope for right about now, they have a system, and while it is not always correct, it is the system, that they have been told they must follow, rightly or wrongly...

If necessary, be prepared to follow there complaints procedure, but make notes it known that you will expect this to be dealt with in a time scale, and if it is not that the legal action will incur charges and interest added to the overpayment...

his_wife

thank you very much for kevin, for taking time to answer, we have been down this road before!!! the problem we feel we have, is that, a , the pwc,,,, will say she is merely changing courses, not quite the whole truth, and that the cb will run on, resulting in csa running on till she is 20,, i know there is only a few month in between, however, she has done this for three yrs, now, getting into college, to merely satisfy her mums claims for benefits. To add insult to injury, she has been living at her boy friends house since before christmas, she has only been home for four nights!!!

We have copied our mp in a complaint to csa this morning, as csa basically hadnt done nothing. When you say about proof for cb being the qualifying factor, what do you mean, are you saying that this isnt the case!!

Thank you again

krashovrload

his_wife wrote: »

To add insult to injury, she has been living at her boy friends house since before christmas, she has only been home for four nights!!!

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Isn't there a fraud issue here? Obviously it might not be easy to prove..

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duchy

Another new "partner" wanting to stop any payment to support a child......It's really funny how it is always the new women and not the fathers posting to ask.

If the child is out of education but registered with Connexions then child benefit and therefore CSA is still payable.

kevin137

It has never been proved in the legislation that the CSA has to use the CB as the qualifying factor, in fact the issue has been raised here numerous times before.

I can understand the CSA's point that CB is much easier to obtain as proof, but it is definitely not the be all and end all...!!!

You could in fact have shared custody and you have 4 nights while the other parent has 3 nights, and because CB is claimed, the CSA would use this for the parent with less care, as they are deemed the primary carer, while the court could in fact order something completely different...

The whole CSA fiasco, will stay the same until people grow balls and stand up to them, and by stand up, i mean fight them outside of the system they fight to protect so hard...!

If you can prove that the child is not at college, and that she does not even live at the PWC's home, then issue a small claims against them online...!!! If you win, they have to pay... They cannot charge you the money again for the same period as it will of been ruled by a court of law, they will argue that the court does not have jurisdiction, by the same argument, you argue that the CSA does not have jurisdiction as the "child" falls outside of there boundaries... Thus making any payment obtained by them not legal and a debt owed by them to you...

They ONLY have jurisdiction for a qualifying child, and as this child is not, normal rules, in my opinion, do not apply... And the judge can hear a case...

It would be interesting to see how they proceed if you did in fact take them to court, as they are on a losing argument the minute they bring up the legislation that says you must appeal, you must use ice etc, simply because they do not have the power for a child that is not qualifying for the reasons i give...

kevin137

duchy wrote: »

Another new "partner" wanting to stop any payment to support a child......It's really funny how it is always the new women and not the fathers posting to ask.

If the child is out of education but registered with Connexions then child benefit and therefore CSA is still payable.

Really...??? So a child not even living with the supposed PWC qualifies the PWC to collect CSA on a fraudulent claim...???

This has been on ongoing case with lots of previous posts to suggest the PWC is not being honest, so i would read more, or try to understand rather than just jump in with your thoughts, it is offensive to people asking to help to just assume...!!!

shop-to-drop

duchy wrote: »

Another new "partner" wanting to stop any payment to support a child......It's really funny how it is always the new women and not the fathers posting to ask.

If the child is out of education but registered with Connexions then child benefit and therefore CSA is still payable.

That's unfair not only did the OP explain she was asking on behalf of her OH but this isn't even a child we are taking about. It's a 19 year old women.

Cally_Smart

Some of us aren't new partners! We have been with the NRP through thick & thin for over 10 years years in our case ,helping to bring our step children,we just want a fair system !

Gavin78

I pay CSA I'm all for a fair system that stops people like my ex who claims 15% for 1 child to another father and claims 15% from me.

I would prefer vouchers for the essential stuff given instead of her earning a wage, TC and CB as well as CSA payments she lives a better life than me.

Who covers my bills, clothes, food and days out when she's here with me the price difference I get with CSA when she stays here doesn't cover what I spend here

shoe*diva79

Gavin78 wrote: »

I pay CSA I'm all for a fair system that stops people like my ex who claims 15% for 1 child to another father and claims 15% from me.

I would prefer vouchers for the essential stuff given instead of her earning a wage, TC and CB as well as CSA payments she lives a better life than me.

Who covers my bills, clothes, food and days out when she's here with me the price difference I get with CSA when she stays here doesn't cover what I spend here

You give 15% of your income to contribute towards the upbringing of your daughter, leaving you with 85% of your income to pay your bills.

You sound like another control freak wanting to give vouchers. Good for your ex earning a wage and providing for her kids. What other money she has coming in is of no concern to you!