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Backdated Assessment

I have had and still continue many dealings/queries/investigations with the CSA lately.


I had two cases...one of them is closed because my daughter is no longer a QC.


Whilst having my queries with the CSA regarding my QC, I asked once again where are the £5.00 deductions which they advised you have deducted from the NRP benefits and promised to me on the payment schedules sent to me year after year.


I advised I have never, ever received ONE penny during the ten years and they said they would investigate.


It has come back that the CSA should have made an IMA when they never and have now requested the NRP give his details for a period of time when he was actually working and he has.


They have now reassessed and it has come back that they should have collected almost £10,000.


They cannot do anything to collect these arrears as NRP is now on benefits and I must wait until he starts work again.


Do you think they should make an advance payment as they should have collected many years ago and the case has been closed for nearly 10 years?


Thank you for your opinions in advance.
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Comments

  • Crellow4
    Crellow4 Posts: 276 Forumite
    You will not get an advance payment but you should push for a liability order to gain legal recognition of the debt. This opens up other avenues for collection - does he own his own house as a charging order would be an option.
  • Crellow4 wrote: »
    You will not get an advance payment but you should push for a liability order to gain legal recognition of the debt. This opens up other avenues for collection - does he own his own house as a charging order would be an option.



    Why do you think I will not get an advance payment?


    In fact they have advised they will pay an advance payment once he's made payments for 26 weeks (you know the normal critieria), which NRP has offered a DEO and agreed payment.


    I am pushing for an Advance Payment anyway and also compensation for making me wait all these years and still more time.


    He does not own property so no charging order but it's not needed at it is not the NRP who is objecting to paying....well at the minute.
  • Crellow4 wrote: »
    You will not get an advance payment but you should push for a liability order to gain legal recognition of the debt. This opens up other avenues for collection - does he own his own house as a charging order would be an option.



    Why do you think I will not get an advance payment?


    In fact they have advised they will pay an advance payment once he's made payments for 26 weeks (you know the normal criteria), which NRP has offered a DEO and agreed payment.


    I am pushing for an Advance Payment anyway and also compensation for making me wait all these years and still more time.


    He does not own property so no charging order but it's not needed at it is not the NRP who is objecting to paying....well at the minute....
  • Crellow4
    Crellow4 Posts: 276 Forumite
    I think you will not get an advance payment because you said he is now unemployed. He is therefore unable to enter into a payment arrangement and hence the criteria for an advance payment will not be met.
  • unless "advance payments" are new to the 2012 scheme, on csa2 we dont offer that service as far as im aware, judging by your post youve had a case for many years, so im assuming your on csa2, if thats the case im pretty sure we wont advance anything, due to it not being the csa's debt, but your ex partners.
  • I put my responses to you various threads all in one post. For convenience here is the link. I had a second thought the next day so there is a second post on this topic:
    https://forums.moneysavingexpert.com/discussion/comment/64113294#Comment_64113294

    CSAworkerx - the CSA do make advance payments, rarely. It's covered by the Special Payments guide (link in the sticky called useful links). You probably would never come in contact with it as a New Client Team caseworker, given the criteria needed for one to be paid.
    I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.
  • CSAworkerx wrote: »
    unless "advance payments" are new to the 2012 scheme, on csa2 we dont offer that service as far as im aware, judging by your post youve had a case for many years, so im assuming your on csa2, if thats the case im pretty sure we wont advance anything, due to it not being the csa's debt, but your ex partners.

    It is a csa1 case.

    The Nrp did not know of this debt because csa have informed me they did not follow the correct procedure. After contacting Nrp by - letters, warnings, home visits and then nothing - left it for more than 10 years.
  • Crellow4 wrote: »
    I think you will not get an advance payment because you said he is now unemployed. He is therefore unable to enter into a payment arrangement and hence the criteria for an advance payment will not be met.

    He is not unemployed, he is on Sickness benefit so they cannot MAKE him pay for arrears, but he can make an arrangement with the csa, unless you can give me a link showing he cannot please.

    As I said they say they will make an advance payment if he pays for 26 weeks, which he has offered a deo on his sickness benefit.

    Thank you
  • https://www.gov.uk/child-maintenance/if-the-child-support-agency-or-child-maintenance-service-makes-a-mistake
    The link details the criteria which MUST be me in full for an advance payment to be awarded.
  • Crellow4 wrote: »
    https://www.gov.uk/child-maintenance/if-the-child-support-agency-or-child-maintenance-service-makes-a-mistake
    The link details the criteria which MUST be me in full for an advance payment to be awarded.

    Exactly as I thought, I meet the advance payment criteria...your link does not state as you say 'he's unemployed and cannot enter into a payment arrangement'. *confused*
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