Overpaid CSA

fiery_2

Hi all, hopefully i can get some good advice here from you all.

I suspected my ex of fraudulently claiming csa as i was reliably informed that my daughter who is now 18 left full time education quite sometime ago. I informed cb and csa about this and about a month ago i received a letter stating that my liability for child maintenance ended on 29/8/13 which is two years ago. I contacted them and they advised me it would be looked into and any arrears or over-payments would need to be looked into. They recently contacted me stating that they had looked into this and that i was due a repayment and said i would get back my last 2 months payments. I queried this as i was expecting it to be backdated 2 years, and they quoted section 41B (2) and they deemed the payments made were classed as child maintenance payments for the upbringing of my daughter even though she has left full time education as they said the pwc said she had supported her for the last 2 years at home. I do not have any contact with my daughter (alas) but was told by the same person who told me about her leaving college that she was working full time in a care home but i dont know where. My ex has obviously been claiming child benefit as i have got them to check in the past. How can the csa only partially refund this, when they have admitted my liability had stopped 2 years ago. there is so much conflicting information about this as the csa refuses to print guidelines on this matter.

Any help with this would be much appreciated, and if any more info is required please just ask.

fiery:mad:

DUTR

fiery wrote: »

Hi all, hopefully i can get some good advice here from you all.

I suspected my ex of fraudulently claiming csa as i was reliably informed that my daughter who is now 18 left full time education quite sometime ago. I informed cb and csa about this and about a month ago i received a letter stating that my liability for child maintenance ended on 29/8/13 which is two years ago. I contacted them and they advised me it would be looked into and any arrears or over-payments would need to be looked into. They recently contacted me stating that they had looked into this and that i was due a repayment and said i would get back my last 2 months payments. I queried this as i was expecting it to be backdated 2 years, and they quoted section 41B (2) and they deemed the payments made were classed as child maintenance payments for the upbringing of my daughter even though she has left full time education as they said the pwc said she had supported her for the last 2 years at home. I do not have any contact with my daughter (alas) but was told by the same person who told me about her leaving college that she was working full time in a care home but i dont know where. My ex has obviously been claiming child benefit as i have got them to check in the past. How can the csa only partially refund this, when they have admitted my liability had stopped 2 years ago. there is so much conflicting information about this as the csa refuses to print guidelines on this matter.

Any help with this would be much appreciated, and if any more info is required please just ask.

fiery:mad:

Welcome to the board, the title states over paid CSA , but the content rattles on about the ex fraudulency based upon some idle gossip. People I know and myself get an annual statement so it is clear if any arrears are due and when the liability ends. As you know when CB is payable so is CSA contributions.
People I know that have paid beyond the liabilty have quickly had a refund without having to put up a fight.
Please let us know if your post is about overpayment to the csa or if you want to whine about the ex (as there is a relationship board for that) .

FBaby

I think your response is a bit harsh DUTR. I took it from the OP that he wants to know why when CSA have admitted an overpayment for 2 years, they are now saying they will only repay 2 months, and whether they are in a legal position to decide that it was ok for them to continue to take and pass on maintenance payments to a child on the basis that the resident parent claims she supported the child, and if so, how can this be proven to be true.

If I were in OP's position, I would want to know the exact same thing.

DUTR

FBaby wrote: »

I think your response is a bit harsh DUTR. I took it from the OP that he wants to know why when CSA have admitted an overpayment for 2 years, they are now saying they will only repay 2 months, and whether they are in a legal position to decide that it was ok for them to continue to take and pass on maintenance payments to a child on the basis that the resident parent claims she supported the child, and if so, how can this be proven to be true.

If I were in OP's position, I would want to know the exact same thing.

It's not harsh or intended to be, I'm seeing too many drama posts on the boards of late. Anyways back to the topic, I don't get how if CS are paid at least a week in arrears then liability should stop sometime in September, the DC may have been 18 in 2013, as I understand the liability can end sometime after the 19th b/day and quite close to the 20th b/day. So from my seat the child finsihed school in June and got a job FT and hence only 2 months worth of over payment?

fiery_2

Hi, thank you Fbaby for actually reading into what i was asking, shame on you Dutr for making my post out to be whining. As to what i was asking is exactly as Fbay suggests, that my ex has claimed for the last two years from when my daughter was 16-18 and had left college and so was not in full time education and deliberately failed to inform the csa and that i have been reliably informed that she was and is still working full time hence how i found out about the college. My point is that the law states one thing and the csa another and i was trying to clarify that as far as i can read that your responsibility legally ends at 16 if they leave full time education, but the csa is saying different. if the csa is correct in regards to the law then i have no reason to try and get my money back but if it is hoodwinking me then that's different. I would also like to add that i brought her an my other children up on my own with her getting away with paying csa. then turned up after 10 years of no contact and manipulated my daughter to live with her and took me for csa. that was ok as i would of had to support my daughter either way but i wont let her get away with fraud as i could then put it in my daughters account for if an when she wants contact again.

fiery

fiery_2

they have said my liability stopped in 2013 when she was 16 as she had left full time education, my ex has then said that she has supported her for the last 2 years as a defendant and the csa has turned round citing me this as a reason for only partial refund. Now i would not have a problem with this other than my daughter has been reportedly working full time. for them to have admitted my liability from that date cb must have been stopped and back dated to that date otherwise they would not of stopped it. all im trying to find out is what the law says in regards.

DUTR

fiery wrote: »

Hi, thank you Fbaby for actually reading into what i was asking, shame on you Dutr for making my post out to be whining. As to what i was asking is exactly as Fbay suggests, that my ex has claimed for the last two years from when my daughter was 16-18 and had left college and so was not in full time education and deliberately failed to inform the csa and that i have been reliably informed that she was and is still working full time hence how i found out about the college. My point is that the law states one thing and the csa another and i was trying to clarify that as far as i can read that your responsibility legally ends at 16 if they leave full time education, but the csa is saying different. if the csa is correct in regards to the law then i have no reason to try and get my money back but if it is hoodwinking me then that's different. I would also like to add that i brought her an my other children up on my own with her getting away with paying csa. then turned up after 10 years of no contact and manipulated my daughter to live with her and took me for csa. that was ok as i would of had to support my daughter either way but i wont let her get away with fraud as i could then put it in my daughters account for if an when she wants contact again.

fiery

Are you not in England then? As far as the law is now, the kids have to remain in training of some sort until 18, which company is going to take on someone full time below that age when there are goverment incentives to have them as trainees of some sort?
It's a pity you add the other none relevance about what you have done for the children and manipulation, as it does read (to me) like you are whining.

DUTR

fiery wrote: »

they have said my liability stopped in 2013 when she was 16 as she had left full time education, my ex has then said that she has supported her for the last 2 years as a defendant and the csa has turned round citing me this as a reason for only partial refund. Now i would not have a problem with this other than my daughter has been reportedly working full time. for them to have admitted my liability from that date cb must have been stopped and back dated to that date otherwise they would not of stopped it. all im trying to find out is what the law says in regards.

CSA is due whilst child benefit is being paid
Did they say on the phone or did you have a letter to state the case was closed?

shoe*diva79

DUTR, The law on staying in education only came in last year so the OP's child wouldn't have had to stay in education after turning 16.

OP, I suggest you get your MP to as the question to the CSA. I cant understand why you would have to pay if child benefit is not payable.

DUTR

shoe*diva79 wrote: »

DUTR, The law on staying in education only came in last year so the OP's child wouldn't have had to stay in education after turning 16.

OP, I suggest you get your MP to as the question to the CSA. I cant understand why you would have to pay if child benefit is not payable.

From what I remember reading
England

In England, your leaving age depends on when you were born. You can leave school on the last Friday in June as long as you’ll be 16 by the end of that year’s summer holidays.
You must stay in some form of education or training until your 18th birthday if you were born on or after 1 September 1997.
Your options are:

• full-time education - eg at a school or college
• an apprenticeship or traineeship
• part-time education or training - as well as being employed, self-employed or volunteering for 20 hours or more a week

Somewhere along the line it was 17 before then.

shoe*diva79

DUTR wrote: »

From what I remember reading
England

In England, your leaving age depends on when you were born. You can leave school on the last Friday in June as long as you’ll be 16 by the end of that year’s summer holidays.
You must stay in some form of education or training until your 18th birthday if you were born on or after 1 September 1997.
Your options are:

• full-time education - eg at a school or college
• an apprenticeship or traineeship
• part-time education or training - as well as being employed, self-employed or volunteering for 20 hours or more a week

Somewhere along the line it was 17 before then.

Maybe, my daughter is October 98 and I know she is the 2nd year to have to stay in education until 18. Maybe it was 17 last year and 18 this year?