Disability element of ctc

Crownjooolz

Hello, I am looking for some advice. I am a mum to 3 children 1 of whom is disabled. I have a partner who is not the father of my children who has a child with a previous partner that we currently pay csa for.
My situation is that the csa have worked out my partners income as his wage and all of the ctc that we claim together. I earn slightly more than him so the WTC are disregarded as his income. The ctc we claim is made up of a childcare element, a disability element and each childs element. Now the csa have finally disregarded the childcare element as his income as I only receive this as I pay a childminder. They will on the other hand not take into consideration the disability element amount we receive which we only receive because we have a disabled child. Is there any legislation anywhere that states this should be used for the disabled person it is claimed for? I only receive it as he is disabled. The csa have said we can apply for a variation but need to supply receipts for the extra we spend on him, is his not a indirect disability discrimination? He is disabled, we receive that money for that reason we shouldn't have to prove to the csa anything. It makes me so mad, we are really struggling here and the csa don't seem to care about the family of the NRP,.
Any help, advice would be great

Lovetoread

Your situation isn't my forte, but as a thought, do you not receive Disability Living Allowance for your disabled son? This isn't means tested so wouldn't count towards any other benefit/maintenance but is awarded solely to support a person because of their disability.

Crownjooolz

My son is 16 now so recieves this himself now, he is classed as an 'adult' by one branch of dwp and a child by the other.
My point is why allow a disability benefit if it can be used for things or persons other than the person it's meant for?

shegirl

As it's part of CTC they can include it.

If you do indeed use it for your disabled sons needs you should easily be able to prove it.

There us a variation for a disabled child that can reduce maintenance you pay,due to them generally being more expensive.

Disgustingly though it only works one way and if the pwc is looking after a disabled child they cost no more,as far as the CSA set it!

HoneyNutLoop

Shegirl is correct. The law does not distinguish between the elements that can make up a CTC payment, it simply says: "Payments made by way of the child tax credit to a non-resident parent or his partner at the rate payable at the effective date."

The inclusion of CTC as the non-resident parent's income under the 2003 scheme has been appealed to an Upper Tribunal Judge at least twice, from what I can see. In both cases, one of the children considered in the tax credits award was disabled. Both appeals failed under the tax credits challenge (each appeal challenged with different arguments) - all CTC is counted as the NRP's income.

Here are links to the two Upper Tribunal decisions:
http://www.osscsc.gov.uk/judgmentfiles/j2472/CCS%200738%202007-00.doc
http://www.osscsc.gov.uk/judgmentfiles/j2575/R(CS)%203-09%20bv.doc

As has been said by the CSA and other posters, you can apply for a variation to take account of your child's additional costs that are not met by DLA and/or any other financial assistance from any source in respect of the long-term illness or disability of the relevant other child.

The fact you feel you shouldn't have to do this in order to have some account taken of your child's disability within your partner's child maintenance liability is a futile argument. If you want the consideration, this is what you have to do. If you don't do it, you won't get the consideration.

I would also like to show you the mathematical context of your argument for a minute.

The CTC premium for one disabled child (rather than severely disabled) is £60. 25% of this sum will be disregarded as income due to the 3 children in your household. So £45 will be included as income. Of this, 15% is due as maintenance, so £6.75 a week.

As has been said in the Tribunal decisions, for most NRP's, the reduction they receive for having children in their household for whom they have no legal responsibility to support is often greater than the CTC payable and included as income. It is only when the ratio of CTC compared to earned income is high that this no longer holds true.

I get that you're angry, but this is the law as it stands for 2003 scheme cases. If you are struggling financially, are you sure you're receiving all the help you're entitled to? Including child maintenance from your children's father.