CSA - opting out?

aMeLia'S~MuMMY · 7 February 2007 at 4:50PM

There is no way for your ex partners other NRP can 'opt out' of the CSA, however your ex partner could have claimed 'good cause' against him or there would be no case ~ as previously posted if he were deceased (which appears not to be the case here)

Are you sure that your ex partner is on benefits ( Income Support ) ? as if she is on WTC she is classed a a private customer and is under no obligation to go through the CSA anyway.

:A

krashovr10ad · 7 February 2007 at 5:11PM

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I have a letter dated 8th Jan 2007 that says she's on benefits...

So, let me get this right - the other NRP could be a bully and threaten the PWC or his children at which point the CSA says don't have anything to do with him...

So if the case becomes too difficult the CSA drop it and he gets away without paying maintenance..? What's the point of it all..?

I thought the CSA was set up to collect uncollectable maintenance and under difficult seperations...??

Of course - it could be something else entirely...

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aMeLia'S~MuMMY · 7 February 2007 at 10:29PM

The pwc can 'opt out' of the CSA if in receipt of IS (http://www.csa.gov.uk/new/walkthrough/application2.asp)

However I think that the word 'benefit' is a generic term for which the CSA use for IS, JSA WTC and CTC ( especially on CSCS The old system )and therfore in your circumstance the word 'benefit' may not ultimately mean your ex partner is on Income Support.

If your letter states that your ex partner is on a benefit that means that she has no income to be included in the assessment ( words to that effect ) potentailly she is on WTC and CTC as this means that she has got nil assessable income from CSA point of view.

The reasoning behind the 'good cause' is to protect the children and parent from potential serious situations and PWC's have to go through a good cause interview and I do not believe that this is the easy option by any means and good cause does not get granted in all circumstances as this is usually the 'exception' and not the rule

I know that this does not help your situation at all but I hope that it gives you a little more understanding, as from what you say it is more probable that your ex partner is on WTC and CTC and therefore classed as a private client.

:A

TokochickUK · 7 February 2007 at 11:08PM

I opted out of the CSA claim with "good cause" and the interview was mentally draining and very trying. If the pwc and or children may suffer due to the csa claim then they can choose to opt out. My reason was dueto mental health reasons. good luck.

kelloggs36 · 8 February 2007 at 12:31AM

All you can do is ask them to check the circumstances of her case - i.e. that all that should be done, IS being done. Unfortunately, as the other case does not involve you directly, Data Protection prevents them from discussing any details with you. Make another formal complaint to the effect that unless Good Cause is being claimed, then there should be another case involving the PWC which could affect your case as it would bring your case into the new system. Keep complaining and take it higher and higher.

krashovr10ad · 8 February 2007 at 10:43AM

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Thanks for the advice...

Just checked letter and it just lists the generic term 'benefit' although the childrens ages are 1, 2 and 6 so I'd be surprised if my ex-partner is working and claiming WTC...

That's because she didn't work for 2 years prior to having children and was 'tinkering' with college in between. Unless she's changed completely - she'll be living for the children and I doubt work will even enter her mind...

(Of course - I could be completely wrong about this..!)

I suppose I ought to be grateful that they've cut the carer allowance and premiums in half because there's two NRPs (even if I'm the only one on the books) otherwise my assessment would probably be higher...

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MJMum · 8 February 2007 at 11:40AM

I suppose I ought to be grateful that they've cut the carer allowance and premiums in half because there's two NRPs

I always found that part of the calculation odd. My DH's ex had left him for someone else (his best man actually!) and had a child with him, but because she was still with the other parent, and chose not to work, then we had to pay ALL of the carer allowance - whereas, as you say, had they split up - it then would've been cut in half. Very odd

kelloggs36 · 8 February 2007 at 1:56PM

That's because the new parent should not be deemed to be responsible for caring for children that are not theirs! If they split up, then, as there is only 1 career allowance, it has to be split.

krashovr10ad · 8 February 2007 at 2:19PM

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But they remain happy to take WTC and CTC into account as income in the household of NRPs (regardless of who's the children are) when they're working out your ability to make maintenance payments..

But if the PWC claims WTC then it's a whole other story...

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aMeLia'S~MuMMY · 8 February 2007 at 3:17PM

krashovr10ad wrote:

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But they remain happy to take WTC and CTC into account as income in the household of NRPs (regardless of who's the children are) when they're working out your ability to make maintenance payments..

But if the PWC claims WTC then it's a whole other story...

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Yes, IMO this is a disgraceful rule

:A

CSA - opting out?

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