How can this be right?

slr89

HoneyNutLoop wrote: »

This is incorrect in law. Correct law reference:
legislation.gov.uk/uksi/2013/2947/article/4/made

It doesn't matter who the applicant is, if the new application names the same NRP, PWC and qualifying child as a case that has closed within the prior 13 weeks, it is not treated as a new application but as an existing case and is calculated under whichever scheme the prior case was assessed under.

That's what I thought but they say they've looked through the legislation above carefully (I've had to modify your original link as I'm a new user and cannot post URLs) and it doesn't explicitly say that the NRP can submit their own application.

I think they're also getting confused with new application and existing case. As I understand it, PWC made an application for maintenance. A case was opened from that application. She closed her application. I am now trying to open my own application under the conditions of the existing case i.e. PWC's application was closed but the case exists as it were and should be attached to my application. Have I got it wrong? Maybe I'm explaining it wrong and that's my problem?

If not I think I'm going to have to use the complaints procedure to try and get someone who knows the law to look at the case.

HoneyNutLoop

No, it doesn't explicitly say an NRP can make an application in this regulation, because it refers the reader to sections 4 of the original Child Support Act 1991 which does explicitly say it. https://www.google.co.uk/url?sa=t&source=web&rct=j&ei=a70gU9GBKKmw7Qam4IFA&url=http://www.dwp.gov.uk/docs/o-0301.pdf&cd=5&ved=0CDUQFjAE&usg=AFQjCNGlTeDdnJCcC68dftqBcy-RCAjGcA&sig2=NFM1WxuBAfvXe74gM7tZqw

However, you aren't reopening the PWC's closed case. You are making your own application, under section 4 of the Child Support Act 1991. It happens it will be treated as an existing case due to the 13 week linking rule in the regulation I first quoted, as your application is in relation to the same qualifying child, person with care and non-resident parent.

slr89

HoneyNutLoop wrote: »

No, it doesn't explicitly say an NRP can make an application in this regulation, because it refers the reader to sections 4 of the original Child Support Act 1991 which does explicitly say it.

However, you aren't reopening the PWC's closed case. You are making your own application, under section 4 of the Child Support Act 1991. It happens it will be treated as an existing case due to the 13 week linking rule in the regulation I first quoted, as your application is in relation to the same qualifying child, person with care and non-resident parent.

Thank you. The person dealing with my case seems to really want to help and is willing to pass on any information to the person who says it is not technically possible. She's asked me to send them the legislation details I'm referring to, so hopefully that will make it as clear as crystal.

Darna

:wall::wall:

Maybe one day they will have trained staff, I'm still waiting 7 months on!!