How can this be right?

HoneyNutLoop

lazer wrote: »

AFAIK the NRP can open a case as well

So you could open the case again today and would probably open under CSA1 as it hasn't been 13 weeks since it closed.

Yes you would be able to do that.

As Fission says what is "fair" is just a matter of perspective. Is it fair that someone earning £400 a week should pay nothing, or someone earning £200 a week pays £60 a week because they live at home with their parents? Most people on here seem to perceive CS2 calculations as more fair than CS1 calculations, as it is a straight percentage of income, although obviously "more fair" does not equate to "completely fair".

I imagine your ex is trying to switch to CS2/3 as she doesn't find it fair that you've been assessed to pay nothing for years.

Fission

krashovrload wrote: »

++
Whilst I read that it is possible to close down a case that's been ongoing for years and then have it reopened a few weeks later (on the off chance that they'll get a better deal) - how is that fair or even permitted?
Is there any investigation into why a claim was closed and then reopened so quickly.??
++

I wouldn't have thought there'd be an investigation. Let's say there were an investigation, and the PWC said "I was getting nothing under old rules but I'll get £48 under new rules", what then?

There's no power to refuse the new application because it's going to produce income for the applicant whereas leaving things as they are will produce nothing. Producing income for a parent and child is the whole purpose of the legislation.

Fission

lazer wrote: »

AFAIK the NRP can open a case as well
So you could open the case again today and would probably open under CSA1 as it hasn't been 13 weeks since it closed.

The NRP's application would take a different case number and be a... er... different case. So it wouldn't matter that it was within 13 weeks of closure of the PWC's case because it wouldn't be the same case.

In any event, under the "NRP applies" scenario, the PWC has the right to decline the application - and presumably would do so if the result was likely to be the same - little or nothing - as it had been in the past.

HoneyNutLoop

Actually the PWC doesn't have the right to decline an NRP application. They can decline to accept the money but they have no right to close an NRP's application - only the applicant can ask to close their own case. So yes an NRP application with the same PWC and QC's can circumvent the PWC's desire to change schemes as the new application would be within the 13 week period and so would be processed, in this case, under CS1 still.

However, long term, if things go according to the government's plan all existing cases will move to CSA3 by 2017. Source: https://www.parliament.uk/briefing-papers/sn06720.pdf
So, at most (if things go to the governments plans) you're buying yourself a couple of years. And things will only be steeper then if you end up having to still pay via the organisation - called collect and pay under CSA3 - as you'll have to pay a 20% collection fee on top of your assessed maintenance (12% of your gross income for 1 child if you have no other children in your household and have overnight care of the child for whom you pay maintenance for less than 52 nights a year).

So, if you have more than 2 years left before your child maintenance obligation is due to end, it may benefit you more to take a longer view. Can you and the PWC possibly negotiate an agreement that you can both agree to? Clearly that would involve some compromise on both your parts. But it seems your PWC loses under CS1, and you lose under CS3, so it's in both your interests to come to some middle ground rather than fighting over the system for however many years to come.

CSAworkerx

Plans to move all cases to 2012 scheme by 2017, Ask prelude how long it took for them to move over all the 93 cases. ( they still havent. )

HoneyNutLoop

I know that. Which is why I twice said in my post "if things go according to the governments plans". However, it seems everything with CS3 has so far gone to timetable, unless I've missed something? I guess we'll see next year if charging is introduced for it; to measure whether or not they remain on timetable.

Crellow4

The 'staged' approach with 'CS3' certainly seems to be working. All new applications are now under this scheme - dare I say it - third time lucky!?

PreludeForTimeFeelers

HoneyNutLoop wrote: »

I know that. Which is why I twice said in my post "if things go according to the governments plans". However, it seems everything with CS3 has so far gone to timetable, unless I've missed something? I guess we'll see next year if charging is introduced for it; to measure whether or not they remain on timetable.

The pathfinder for new cases is fine, management information is behind schedule, and case closure is all up in the air, but 'new' cases are going to plan.

HoneyNutLoop

Do they think they can get the timeline for case closure back on schedule then? The document I was looking at was only published in September!! Or is there some redundancy built into the timeline anyway?

PreludeForTimeFeelers

There are some manual contingencies that may keep things relatively in track - I'd guess that they'll start with very small numbers, like the Dec 12 launch of the future scheme. Well, the current scheme now I guess!