CSA deduction from ESA (employment and support allowance)

AnnaLicious_2 · 7 November 2011 at 7:11PM

Does anyone know if CSA can deduct from ESA (employment and support allowance)?

My partner was assessed under the old system. He stopped having to pay when our daughter was born, as his wages were too low. But he still had arrears of £300. He stopped work due to very ill health, and is only in receipt of ESA.

CSA phoned today and asked him to pay £10 out of his £62 a week benefit payment. I didn't think this was the type of benefit that could be deducted from, but for the life of me I can't find anything to back up my assumption.

Anyone have advice please? If anyone thinks I'm being heartless about the other children, his ex is living in full benefits, so wouldn't see a penny of the £300.

mazza111 · 7 November 2011 at 7:19PM

Yes she would. Maintenance payments aren't taken into account for tax credits. And yes, my x pays £10 every 2 weeks to support his son(although I believe he's still on IB). When the other was younger I got £10 every 2 weeks for both of them.

PreludeForTimeFeelers · 7 November 2011 at 8:04PM

The CSA can deduct £5 per week from ESA, and if there is still an ongoing case then all of the £5 goes to the PWC for the child/children.

AnnaLicious_2 · 7 November 2011 at 8:22PM

Ah I thought none of it went to the parent with residency, as she was on full benefit. Would this count for the arrears also?

PreludeForTimeFeelers · 7 November 2011 at 8:47PM

AnnaLicious wrote: »

Ah I thought none of it went to the parent with residency, as she was on full benefit. Would this count for the arrears also?

It depends on how much the arrears are, and when they're from.

When the non-resident parent is on ESA there are no payments made towards arrears, just the ongoing £5 per week for regular maintenance.

AnnaLicious_2 · 7 November 2011 at 11:43PM

I'm a but confused now, sorry. His last assessment was for £0. He had at that time arrears of £500, going back to around 2007 when he refused to pay for a few months. He was only paying the arrears, but then left work last year due to ill health. I'm assuming they just noticed he's not paying anything.

CSA I believe told him they are sending out some paperwork, not sure what that entails - perhaps setting up payments? He did tell them he's living off of ESA but they pushed for him to agree to pay £10 a week today on the phone. But I take it if he left it for a court order, they would only order him to pay £5 a week?

I don't mean to come across as the evil step-mother. My understanding was always she didn't see any of it, as it was never more than £20 a week at the best of times. But she would receive the £5 arrears money?

AnxiousMum · 8 November 2011 at 12:03AM

It may be the benefits people that are actually getting the payments if this is arrears that goes back to when maintenance was taken into account. However, even if that is the case, the money si going back into the public pot that paid for supporting his children when he wouldn't/couldn't.

No matter how small his income, it's enough to help provide for your child together, but you have an issue with him providing for his first child? I wonder how you would look at it if the two of you were to split?

CSA deduction from ESA (employment and support allowance)

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free