Previous CSA Calculations Incorrect

ZoeB23

So my husband and I decided to look into the rates that calculate the CSA payments out of curiosity and it seems his looks like it was in the wrong rate for a period of time a few years back.

When he first started paying CSA he was paying arrears between August 2009-February 2012. Once the arrears were paid from February 2012 through to September 2013 his wage indicates he should have been paying Reduced Rate however he was actually paying the Basic Rate. From September 2013 to now his wage reflects the Basic Rate.

Has anyone had any experience of this? Any help or info would be great.

HoneyNutLoop

When did the CSA last calculate an amount for him to pay? Did he ask for a recalculation when his pay decreased? If he didn't tell them about the change at the time, it's too late now.

ZoeB23

He last received his payment schedule in August that's when his annual letter gets sent out stating how much he's going to be paying etc is that what you mean?

After the arrears were paid the calculation was done by the CSA from his wages it always has been. They take it directly from his wage and he assumed what he paid was correct as they always set the payments out.

HoneyNutLoop

No, that's not what I mean. The annual schedule gets based on the existing maintenance calculation. When was the last time they reviewed the weekly calculation itself?

The way the CSA works is that unless either party tells them there has been a relevant change, they assume nothing has changed. So while they send out a new schedule each year, that doesn't mean they have reviewed the weekly calculation to check it's still correct. So, did your partner tell them at the time that his earnings had decreased?

ZoeB23

Oh right I see sorry.
His wage never lowered after the arrears. He earnt the same as before he started paying CSA. When he was paying the arrears they were leaving him some months with the minimum they are allowed to do then after they were paid he was earning less than £200 a week (which he was before and during the arrears) So.they knew how much he was earning.

HoneyNutLoop

To clarify, you're saying he earned less than £200 a week when the case was originally set up?

ZoeB23

Yes that's correct

HoneyNutLoop

What income was used by the CSA in their initial calculation? If it was more than your husband was earning at the time, did he query it with them?

ZoeB23

I've just gone through all the wage slips. 3 months before CSA collections started in August 2009 he was earning £208 a week untill July 2011 when it dropped to £191 a week then it went up to £202 in October 2013.

During this whole period up until present he hasn't informed them of his weekly rate. He has always been under the assumption that they collected the right amount as they went from the information that his employers payroll supplied them with.

HoneyNutLoop

Unfortunately his assumption about how it worked was wrong - if neither he or the other parent reported a change to his income, they wouldn't have asked his employer for his wage information after having worked out the initial calculation.

When they collect by DEO, the CSA tell the employer how much to collect (based on the existing weekly calculation) and what the protected earnings amount is. The employer then works out how much can be collected each pay period and passes the deduction on. The employer doesn't routinely pass on details about earnings as a matter of course, just because they are administering the DEO.

As I said earlier, if he didn't advise the CSA of the change at the time, there's nothing you can do about it now.

ZoeB23

He's paid more and struggled when he assumed the CSA worked it all out correctly. Not the first time they've got something wrong :mad:

Thank you for you help and advice, much appreciated.