FAQ for the NewsGroup uk.gov.agency.csa
fa...@pcserv.demon.co.uk
Frequently Asked Questions for uk.gov.agency.csa
------------------------------------------------
Version 2.6
WARNING: The information in this FAQ is compiled in
good faith by ordinary users of this newsgroup. This
is a self-help group, not a panel of experts. If you
need someone to be legally liable for advice then ask
a professional who has indemnity insurance!
Table of Contents
=================
1. Acronyms and special terms used in the newsgroup and this FAQ
2. The CSA
2.1.What is the 'CSA'?
2.2.What does the CSA do?
3. The newsgroup, uk.gov.agency.csa
3.1.What is this newsgroup?
3.2.Why do we need this newsgroup?
3.3.What topics are discussed by this group?
3.4.Who should use this newsgroup?
3.5.What is not permitted on this newsgroup?
3.6.Will the CSA be involved?
3.7.Does the CSA victimise contributors to this newsgroup?
3.8.How should I post to this newsgroup?
3.9.Should I post anonymously?
3.10.How can I post anonymously?
4. This FAQ
4.1.What is a FAQ?
4.2.Who maintains the FAQ?
5. Hints and tips
5.1.Dealing with the CSA
5.2.Campaigning
6. The case starts
6.1.When does the CSA get involved?
6.2.What if the PWC does not cooperate?
6.3.Child(ren)
6.4.Residency
6.4.1.Can the CSA assess me if I'm not a UK resident?
6.5.Paternity
6.5.1.Should I take a paternity test?
6.5.2.Will I have to pay before getting paternity test results?
6.5.3.How is the paternity test organised?
6.6.What if the benefit claim was fraudulent?
6.7.What if I can't or don't want to deal with the CSA?
7. Assessments
7.1.How does the CSA decide who is the Absent Parent?
7.2.What if care of the child is shared?
7.3.What are the main steps of the formula?
7.3.1.The maintenance requirement
7.3.2.Exempt income
7.3.3.Net income
7.3.4.Assessable income
7.3.5.Proposed maintenance
7.3.6.Protected income
7.4.What is the Relevant Week?
7.5.What are the benefit rates used in the calculations?
7.5.1.Income Support 7 April 96 to 6 April 97
7.5.2.Income Support 7 April 97 to 6 April 98
7.5.3.Income Support 7 April 98 to 6 April 99
7.5.4.Income Support 12 April 99 to ? April 00
7.5.5.Carer element (baby sitter) rates
7.5.6.Child Benefit 96-7
7.5.7.Child Benefit 96-7
7.5.8.Child Benefit 97-8
7.5.9.Child Benefit 99-00
7.6.How does the agency work out my (employed) income?
7.7.What if my working patterns are changing?
7.8.Are pensions taken as income?
7.9.Is Disability Living Allowance taken as income?
7.10.Is the AP's partner's income taken into account?
7.11.Is the PWC's partner's income taken into account?
7.12.Can the CSA legitimately demand new partners details?
7.13.Is house insurance allowed?
7.14.Is mortgage protection insurance allowed?
7.15.Are water charges allowed?
7.16.Is Council Tax allowed?
7.17.Are there any restrictions on the size of mortgage?
7.18.Are voluntary extra mortgage payments allowed?
7.19.Court Maintenance Orders - do the CSA take them into account?
7.20.Capital - does the CSA take it into account?
7.21.Family Credit - does the CSA take it into account?
7.22.Redundancy payment - does the CSA take it into account?
7.23.What if I reduce my income?
7.24.What is my income if I trade as self-employed?
7.25.Which self-employed accounts do they want?
7.26.What if I've only just become self-employed?
7.27.What if my business partners don't want the CSA to
see the accounts?
7.28.What if I trade as a Limited Company?
7.29.What is the legal position of a Limited Company?
7.30.Will the CSA take account of my student loan debt?
7.31.AVCs - does the CSA take them into account
7.32.My children stay with me. Does the CSA take this into account?
7.33.Is the PWC's income taken into account?
7.34.Is there a maximum assessment?
7.35.Is there a maximum %age of income that can be taken?
7.36.What if I'm paying toward my ex-partner's mortgage?
7.37.What if the someone doesn't live in the UK?
7.38.What if the AP is self-employed and won't provide income details?
7.39.When will the CSA assessment replace my existing court order?
8. Arrears
8.1.Why are arrears so commonplace?
8.2.Does the agency demand all the arrears?
9. Payments
9.1.Who does the AP pay?
9.2.How does the AP pay?
9.3.What about Direct Debits?
9.4.When does the AP pay?
9.5.How can I check that the CSA has paid what it has received?
9.6.What does the PWC get?
9.7.What does the government get?
9.8.What happens if maintenance is more than the PWC's benefits?
9.9.What happens if maintenance is less than the PWC's Income Support?
9.10.What is the Child Maintenance Bonus?
10.Overpayments
11.Reviews
11.1.Periodic (Section 16)
11.1.1.When were periodic reviews suspended?
11.1.2.When is a periodic review done?
11.2.Change of Circumstance (Section 17)
11.2.1.What is the minimum assessment change?
11.2.2.Who can ask for a Change of Circumstances Review?
11.2.3.What is taken into account in a Change of
Circumstances Review?
11.3.Second Tier (Section 18)
11.3.1.Who can start a section 18 review?
11.3.2.What must I do to start a section 18 review?
11.3.3.What do they mean, only assessments in force can
be appealed?
11.4.Initiated by the CSA (section 19)
11.4.1.What is a section 19 review?
11.4.2.When will the CSA start a section 19 review?
12.Departures
12.1.What are the grounds for departures?
12.2.How high do "Special Expenses" have to be?
12.3.Debts before the parent became an AP
12.4.What about partners contribution to housing costs?
13.Appeals
13.1.How can I get a Secretary of State decision corrected?
13.2.How can I get the CSA to correct my assessment?
13.3.How can I get the CSA to cancel a decision in the
interests of justice?
13.4.What can I do if I am not satisfied with the
outcome of my appeal to the CSA?
13.5.What can I do if I am not satisfied with the
outcome of my appeal to the ITS?
13.6.What can the Secretary of State do to overturn an
appeal to the ITS?
13.7.What can I do if I am not satisfied with the
outcome of my appeal to the Commissioners?
13.8.How is the CSA represented at a Child Support
Commissioner's hearing?
14.Enforcement
14.1.How long does it take to set up a DEO?
14.2.What notification does the CSA give of varying a DEO?
14.3.Can a company refuse to implement a DEO?
14.4.What powers does the CSA have to enter premises etc.?
14.5.What can I do if a DEO is wrong?
14.6.What can I do if the DEO leaves me in poverty?
14.7.What if my earnings drop after the DEO is set up?
14.8.What can I do if the AP has paid and the agency won't hand it over?
14.9.What can I do if the AP is understating their income?
15.Complaints
15.1.How can I complain about what the CSA has done?
15.2.What can I do if the Customer Service Manager's
response is unsatisfactory?
15.3.What can I do if the Chief Executive's response is unsatisfactory?
16.Tax
16.1.Do Payments to the CSA qualify for tax relief?
16.2.How much tax relief?
16.3.Do I deduct tax relief when paying maintenance?
16.4.Do I have to pay tax on CSA maintenance payments received?
16.5.Can I claim relief on maintenance paid before the assessment date?
16.6.The CSA delayed assessment so I lost tax relief. What can I do?
16.7.I fell into arrears so lost tax relief. What can I do?
16.8.Can I claim tax relief for earlier years?
16.9.Can APs get tax relief for shared care?
16.10.Where can I get further information?
16.11.Does the Inland Revenue pass information to the
CSA?
17.The End
17.1.When will the CSA end?
17.2.How can we leave the CSA system?
18.Useful contacts and sources of information
18.1.Advice and damage limitation website
18.2.Association for Shared Parenting
18.3.APACS (Association for Payment Clearing Services
18.4.BBC
18.4.1.Television
18.4.2.Radio 4
18.5.Benefits Agency
18.6.British Official Publications Current Awareness Service (BOPCAS)
18.7.Central Office of Information
18.8.Channel 4
18.9.Child Poverty Action Group (CPAG)
18.10.Child Support Agency (CSA)
18.10.1.Central Adjudication Services
18.10.2.Chief Executive
18.10.3.Child Support Commissioners
18.10.4.Data Protection Unit
18.10.5.Management Information Team
18.10.6.Open Government Contact
18.10.7.Publications
18.10.8.Solicitor
18.11.Citizens Advice Bureaux (CAB)
18.12.Consumer Credit Counselling Service
18.13.Data Protection Registrar
18.14.Dejanews
18.15.Department of Social Security
18.16.Families need Fathers
18.17.The Family Support Agency
18.18.Her Majesty's Stationery Office (HMSO)
18.19.Houses of Parliament
18.19.1.Minister for the Cabinet Office
18.19.2.House of Commons Public Information Line
18.19.3.Social Security Committee
18.19.4.Stationery Office
18.19.5.Tony Blair
18.19.6.MPs e-mail addresses
18.20.Independent Case Examiner
18.21.Inland Revenue (ex Contributions Agency)
18.22.Magistrates Courts
18.23.National Association for Child Support Action (NACSA)
18.24.National Audit Office
18.25.Official Documents
18.26.Parliamentary Ombudsman
18.27.Press - getting information from them
18.28.Press - getting information to them
18.29.Sweet and Maxwell
18.30.Talk Radio
19.Miscellany
19.1.Does the CSA have to believe what I tell them?
19.2.What happens if you lie to the CSA?
19.3.What is a Connell Order?
19.4.Do I need to inform the CSA when my circumstances change?
19.5.Are CSA payments taken into account for Housing Benefit?
19.6.What if the PWC is defrauding the benefits system?
19.7.What can I do if the CSA does not give me the maintenance?
19.8.What is the PWC's bonus scheme?
19.9.What sort of people work at the CSA?
19.10.How can I phone the CSA when the line's always busy?
19.11.Does the CSA owe a duty of care to clients?
19.12.How does the CSA track clients down?
19.13.How does the CSA track clients' partners?
19.14.Should an AP make voluntary payments before the assessment?
19.15.Where can I find a lawyer to help?
19.15.1.Bob Pape
19.15.2.Durham Legal Services
19.16.I tape telephone conversations with the CSA?
19.17.Can the CSA intercept my e-mails?
19.18.Can the CSA get information from Banks, Pensions providers etc?
End of Table of Contents
========================
1. Acronyms and special terms used in the newsgroup and this FAQ
AP Absent Parent
CSO Child Support Officer
DEO Detachment from Earnings Order
FMA Full Maintenance Assessment
ICE Independent Case Examiner
IMA Interim Maintenance Assessment
ITS Independent Tribunal Service
NRP Non-Resident Parent (alternative to AP)
PWC Parent With Care
2. The CSA
2.1. What is the 'CSA'?
'CSA' is short for Child Support Agency, an executive
agency of the UK Department of Social Security.
Less commonly 'CSA' is also short for Child Support Act
2.2. What does the CSA do?
They carry out the policies laid out in the Child Support
Act of 1991, which involves assessing and collecting
maintenance. They make the assessments by formula and
enforce payment.
They are also responsible for tracing absent parents who
should be paying maintenance
3. The newsgroup, uk.gov.agency.csa
3.1. What is this newsgroup?
We are a newsgroup devoted to the discussion of issues
raised by people who are, or have been, involved with the CSA.
3.2. Why do we need this newsgroup?
People who have to deal with the CSA can find it very
stressful and lonely.
There are several places you can get information,
detailed below.
But this newsgroup is the only place to provide a public
"notice board" where you can:
* ask a question publicly and probably have it answered
* have a good moan and get it off your chest
* read and take part in discussions about CSA issues
* make contact with others affected by the CSA
The newsgroup is a public notice board for exchange of
messages about the CSA. It is rapid, open and provides a
forum for public discussion of CSA related issues.
3.3. What topics are discussed by this group?
* All aspects of the issues brought about by having
contact with the CSA in respect of:
~ maintenance
~ assessment
~ enforcement
~ collection
~ fees
~ avoidance
~ any other related subjects
* The various hardships and stress that can be caused by
dealing with the CSA
* The benefits of this agency
* Child support policy
3.4. Who should use this newsgroup?
Anyone who has or has had contact with the Child Support
Agency or anyone who has an interest in the subjects of
this newsgroup.
3.5. What is not permitted on this newsgroup?
* Binary files, unless containing specific CSA related
material which is of interest to the users of the
group. Any other type of binary should be e-mailed
direct to the individual user with their permission.
* Advertising, with the exception of Web URL's that
contain information that is relevant to the group.
* Flame wars will be discouraged. Personal arguments
between users should, if becoming lengthy, be continued
by personal e-mails. The exception shall be if it is
beneficial to the rest of the group and is being
contributed to by several users. However if there
should be a number of complaints by other users, at
least 5, then it should be discontinued immediately or
continued by personal e-mails.
* Any other discussions that are not relevant to the
groups charter.
3.6. Will the CSA be involved?
The CSA are aware of the existence of this newsgroup and
have been invited to take part. They have not taken up
the offer to take part and have instructed at least one
of their staff not to take part.
It is generally believed that the CSA do monitor this
newsgroup.
The ICE's Office have informed NACSA that they monitor
this newsgroup.
3.7. Does the CSA victimise contributors to this
newsgroup?
There is no evidence that they do. Many contributors
choose to post anonymously to avoid any danger.
Some time ago the CSA were quite lenient on a number of
key NACSA activists, maybe to try and get them to go
away. It's also possible to get classified as a
sensitive case who is likely to generate adverse publicity.
3.8. How should I post to this newsgroup?
For recommendations on how to set up your newsreader and
how to format your contributions, see
www.usenet.org.uk/ukpost.html
3.9. Should I post anonymously?
Some people choose to stand up and be counted, believing
that their actions carry more weight that way.
You should consider this carefully, as anything you post
to the newsgroup is available to anyone who looks for it.
Old news messages can be searched, for example via Dejanews.
The technically minded might think that setting the "X-
No-Archive: yes" will stop Dejanews and people like that
from storing their posts. It doesn't. They should
politely drop posts with that header set, but they often
don't.
3.10. How can I post anonymously?
You can receive full instructions by posting an e-mail
with remailer-help as the subject to rema...@replay.com.
If you don't want full instructions basically this is
what you do:
1)Start a new E-mail.
2)In the TO: field put rema...@replay.com
3)In the SUBJECT field put the title of your posting.
4)Start your message with the following 3 lines:
::
Anon-Post-To: uk.gov.agency.csa
Cutmarks: *
5)Insert the rest of your message without any * in it
6)Terminate your message with a *
The above instructions will work but you might want the
full instructions so you know exactly how it works.
If you want to test it please use a test group and DONT
put 'test' in the subject field (the remailers don't like
this).
4. This FAQ
4.1. What is a FAQ?
FAQ is short for Frequently Asked Questions.
Questions which are commonly asked in the newsgroup are
summarised in the FAQ. This avoids new users repeating
old questions. It allows rapid access to information
which has been discussed in the newsgroup. It preserves
useful information when the articles have been aged out.
4.2. Who maintains the FAQ?
The FAQ is maintained on a voluntary basis by regular
users of the newsgroup.
PLEASE (!!!) post suggestions for improving the FAQ to
the newsgroup.
5. Hints and tips
5.1. Dealing with the CSA
* When you receive your first notification of assessment
from the CSA do NOT ignore it in the hope that they
will forget about you and go away. This course of
action only results in an interim assessment being
made, which is almost always for a good amount more
than a normal assessment, which in turn leads very
quickly to you finding yourself having a severe
accumulation of arrears. This will add greatly to your
final assessments and could take years to pay off. It
is not unusual for people to find themselves three,
four, or more, THOUSAND pounds in arrears by ignoring
these forms.
* Visit the NACSA website (see below) which contains a
vast amount of reference material and advice for
dealing with the CSA. The "Survival Guide" is a good
starting point.
* Double check all your entries as you may have missed
something that could save you money later. It is very
easy to overlook something on these very long forms.
* If you are in any doubt about any of the questions,
phone your local office for clarification. You are
entitled to this and in some cases you can arrange to
go to the office or have someone visit you to aid you
in your assessment.
* When phoning anyone at the CSA, always ask for and
write down the name of the person you are dealing with
and their department. Always write afterwards
confirming the content of the conversation.
* Make sure you have a copy of every letter you send the
CSA and can prove it was received. Send all letters to
the CSA:
~ recorded delivery (best if you can afford it) or
~ with a certificate of posting and "certificate of
posting" in large letters on the envelope or
~ by FAX with transmission record
* When sending any documentary items such as wages slips
or birth lines etc., always include a letter asking
that these be returned to you as soon as possible. If
practicable take copies before sending them or send
certified copies. You can send certified copies by
taking the originals to your local DSS office who will
send in a certified copy on your behalf or by asking a
solicitor for "office" copies.
* When you get the assessment check it. They are very
often wrong. NACSA, the "Family Support Agency" and the
"Advice and Damage Limitation Website" (see below) all
have calculators. If you can't check it yourself then
ask for help. You will probably need to ask the CSA
repeatedly before they supply all the information you
will need to make a full check.
* If the assessment is wrong start a section 18 review
application as soon as possible (see below) and inform
your MP.
* Don't pay by Direct Debit. You need to keep it under
your control.
* Don't give the CSA an excuse to give you a DEO.
* Ask for a copy of all the information the CSA hold on
you. They must supply this under the Data Protection
Act. Study it carefully. Mistakes in assessment
calculations have been found this way. There is no
charge and they must respond to your request within 40
days.
* Use this newsgroup.
* Never cancel your maintenance payments under a court
order until you have a 'correct' assessment.
* Make the effort to understand enough of the legislation
to know when the CSA is doing the wrong thing. If in
doubt ask in the newsgroup.
* Use all the available mechanisms to fight back when
(not if) the CSA gets it wrong.
5.2. Campaigning
* Find your local NACSA contact from the website and get
in touch with local victims.
* Don't suffer in silence. A problem shared is in many
cases a problem halved. On this newsgroup there is a
vast experience so SHARE.
* Read and distribute this FAQ and helpful materials from
listed web sites such as NACSA's Survival Guide.
* Let your MP know about all your problems. Get back to
them again and again. MPs tell us that this is the
most effective way of getting changes.
* Settle down for a long campaign - don't give up and
don't try to do more than you're capable of keeping up.
6. The case starts
6.1. When does the CSA get involved?
The CSA take on two types of cases - when the PWC is on
benefits and non-benefit cases known as "private"
clients.
The great majority is benefits cases.
Where the PWC is on benefits they must give the CSA
authority to arrange maintenance. The only excuse is
that this would create an undue risk of harm.
Financial incentives to get PWCs to co-operate are being
introduced.
Private clients cannot be taken on if there is a pre-1993
court order or written evidence of a pre-1993 agreement.
The CSA does not take on retrospective cases. They only
act after receiving an application, usually initiated by
the Benefits Agency.
6.2. What if the PWC does not cooperate?
70% of PWCs do not co-operate with the CSA. Most have
nothing to gain and a lot to lose. Unless the
maintenance is assessed at more than their benefits and
successfully collected then the PWC will be no better off.
They may be worse off losing "passported" benefits - free
school meals, prescriptions etc.
They may be a lot worse off. Benefits should not stop
until maintenance starts but this does sometimes happen.
There can be terrible problems if maintenance is not paid
or is paid irregularly. The CSA does not always hand on
payments promptly.
Even where the PWC is not worse off financially they are
likely to have a lot of grief dealing with the agency.
This can destroy even friendly relationships between AP,
children and PWC.
If the PWC does not co-operate then benefits may be
reduced but the PWC and children can still be better off,
especially in those fraudulent cases where the AP makes
undeclared cash payments.
The benefit reduction is called a "reduced benefit
direction" and is currently 40% of the personal
allowances paid in respect of the PWC, usually UKP20.14
at 1998-9 rates. Other allowances such as dependants,
mortgages, premiums and housing benefit are not affected.
The reduced benefit direction is Child Support
(Maintenance Assessment Procedure) Regulations 1992, 36(2).
6.3. Child(ren)
There must be a "legal" child of the PWC and AP. "Legal"
parents are natural parents unless there has been
adoption or a parental responsibility order.
They must be under 17 or under 19 if in full time
education other than a degree.
6.4. Residency
6.4.1. Can the CSA assess me if I'm not a UK resident?
No but the precise residency conditions applied by the
CSA are uncertain. And that's not necessarily the same
thing as the tests they SHOULD apply.
The best guess is that you will not be regarded as non UK
resident if you:
* have not been absent from the UK for more than 12 months
* intend to return to the UK
* pay tax in the UK
* maintain links with the UK
6.5. Paternity
6.5.1. Should I take a paternity test?
If you do not think you are the father it is in your best
interest to take the DNA test, because if it proves you
are not the father the cost of the DNA test will be
returned to you and the CSA will not be able to take the
matter any further.
On the downside the cost is around UKP 450 and the CSA
are not noted for returning it promptly.
6.5.2. Will I have to pay before getting paternity
test results?
No, whilst the DNA test is being done you will not have
to pay maintenance BUT if you are found to be the father
your assessment will then be backdated to the date they
contacted you. And the cost of the test will be added to
the arrears.
6.5.3. How is the paternity test organised?
The test will take some time, most of it in contacting
both you and your ex and making sure you both want to
proceed. Once the test is organised you will go to your
doctor to give blood. You will need proof of your
identity. Once taken it is sent to Cellmark diagnostics
who will carry out the test. It should take about 8
weeks after that.
Total time taken should be about 6 months if you both co-
operate promptly, taking
into account average CSA delays.
6.6. What if the benefit claim was fraudulent?
What if the CSA took on a case because the PWC was
getting benefits and it later turns out that the claim
was fraudulent?
The Court of Appeal has decided that a case like this is
OK: "With regard to a claim for Family Credit, the Court
of Appeal has recently ruled that in prescribed benefit
cases the word 'claimed' meant only that a claim had been
made and 'paid' only meant 'actually' paid.
This means if someone has been fraudulently claiming
benefit it will make no difference to the application for
Child Support as the prescribed benefit has been claimed
and paid.
6.7. What if I can't or don't want to deal with the CSA?
A person may nominate any other person as their
representative to receive notices and documents, act on
their behalf etc. whether or not legally qualified. The
only requirement is that it be confirmed in writing.
See Child Support (Maintenance Assessment Procedure)
Regulations 1992, 53.
7. Assessments
7.1. How does the CSA decide who is the Absent Parent?
In cases where both parents have care the CSA chooses
fairly arbitrarily which one should be treated as the
absent parent. They argue that it makes little difference.
They have been known to choose on the basis of which
parent receives Child Benefit. In these cases they
simply follow the DSS's decision but this is not correct
(see below).
7.2. What if care of the child is shared?
Unless someone looks after a child for at least 104
nights then any time they do look after the child is
ignored and no allowance is made.
The agency is empowered to consider time spent rather
than actual nights but they are reluctant to do so.
The period for which the nights are counted is "the 12
month period ending in the Relevant Week". The period can
(at the CSA's discretion) be a shorter period, but it
still has to end in the Relevant Week.
So, if you are sent a MEF, dated say 17 December 1998,
the period will be 19 Dec 1997 to 18 Dec 1998. This is
bizarre, because to get a change in the care arrangement
recognised, not only does the care have to follow the new
pattern for 12 months, but then a fresh MEF must be sent
to set up a fresh relevant week, to legitimise that 12
month period's care. Completely crazy!
The agency is not empowered to consider future care
patterns. They have been known to, though.
In a case where both parents has the child for more than
104 nights in the 12 month period ending in the relevant
week, neither parent is an AP.
However, the CSA requires one to be treated as AP, so
MASC Regulation 20 helps with this. In summary,
whichever parent has the child for the least nights is to
be treated as AP.
The parents can only have the child for an equal number
of nights in a 12 month period including a 29 February.
And only then can the CSA legally use receipt of Child
Benefit to decide which parent is the AP.
See Commissioner cases CCS 13455/96, CCS 11588/95 and CCS
1867/97 for fuller discussions on this subject.
7.3. What are the main steps of the formula?
This is very simplified just to get an overall view of
what happens.
7.3.1. The maintenance requirement
* Income Support allowances for the child(ren)
* plus Income Support family premium
* plus allowance for "parent as carer"
* less child benefit.
7.3.2. Exempt income
This is the parent's income which is not available to the CSA
* Income Support allowances for the parent, any of their
child(ren) living with them and family allowance if
there are children. Child related allowances may be
halved if the child(ren)'s other parent lives in the
same household and has adequate income.
* plus housing costs
* plus pre-April 93 property settlement allowance
* plus travel-to work costs for employees if over 150
miles
Capital/property settlement after 1993 can be taken into
account. See Child Support (Miscellaneous and Special
Cases) Regulations, Schedule 3A.
7.3.3. Net income
Pretty much all regular income but there are lots of
minor exceptions
7.3.4. Assessable income
Net income less exempt income
7.3.5. Proposed maintenance
If the assessable income is up to twice the maintenance
assessment then half the assessable income is the
proposed maintenance.
If the assessable income is more than that then there is
an "additional element" of a percentage of the remaining
assessable income.
This percentage is 15% for one child, 20% for 2 and 25%
for 3 or more.
7.3.6. Protected income
This is approximately what the new family would receive
if it was on Income Support.
If the total household income less the proposed
maintenance would leave the family worse off than this
then the proposed maintenance is reduced.
7.4. What is the Relevant Week?
It is the week used when calculating income.
It is the week immediately prior to the date the
Maintenance Enquiry Form is treated as sent. This is 2
working days (including Saturdays) after the agency post
the form. For example, if the form were posted on Friday
18th then it would be treated as being sent on Monday
21st and the Relevant Week would be the seven days ending
on Sunday 20th.
7.5. What are the benefit rates used in the calculations?
7.5.1. Income Support 7 April 96 to 6 April 97
Children's Personal Allowances:
Under 11 16.45
Aged 11-15* ?
Aged 16-18* ?
* These rates apply from the first Monday in the
September after the 11th/16th birthday.
Adult's Personal Allowance:
Over 25 47.90
Couple* ?
* Protected income calculation only
Premiums:
Family ?
Family (lone parent) 15.55
7.5.2. Income Support 7 April 97 to 6 April 98
Children's Personal Allowances:
Under 11 16.90
Aged 11-15* 24.75
Aged 16-18* 29.60
* These rates apply from the first Monday in the
September after the 11th/16th birthday.
Adult's Personal Allowance:
Over 25 49.15
Couple* 77.15
* Protected income calculation only
Premiums:
Family 10.80
Family (lone parent) 15.75
7.5.3. Income Support 7 April 98 to 6 April 99
Children's Personal Allowances:
Under 11 17.30
Aged 11-15* 23.25
Aged 16-18* 30.30
* These rates apply from the first Monday in the
September after the 11th/16th birthday.
Adult's Personal Allowance:
Over 25 50.35
Couple* 79.00
* Protected income calculation only
Premiums:
Family 11.05
Family (lone parent) 15.75
7.5.4. Income Support 12 April 99 to ? April 00
Children's Personal Allowances:
Under 11 20:20
Aged 11-15* 25:90
Aged 16-18* 30.95
* These rates apply from the first Monday in the
September after the 11th/16th birthday.
Adult's Personal Allowance:
Over 25 51:40
Couple* 80:65
* Protected income calculation only
Premiums:
Family 13.90
7.5.5. Carer element (baby sitter) rates
Youngest child - % of IS Over 25 Adult's Personal
Allowance
Under 11 100%
Aged 11-13* 75%
Aged 14-15* 50%
* Becomes effective on child's birthday.
So, for example, using April 97 rates, and youngest child
16, this would be 50% of 49.15 that is 24.58
7.5.6. Child Benefit 96-7
First child 10.80
Other child 8.80
7.5.7. Child Benefit 96-7
First child 10.80
Other child 8.80
7.5.8. Child Benefit 97-8
First child 11.05
Other child 9.00
7.5.9. Child Benefit 99-00
First child 14.00 (17.10 with protected rights)
Other child 9.60
Carers Premium
Under 11 Years old 51.40
11 But under 14 Years old 38.55
7.6. How does the agency work out my (employed) income?
The legislation requires the agency to assess average
income in the relevant week. That is, more or less, when
they send you the forms.
Typically they consider the preceding 5 week's or 2
month's payslips.
Where they believe that this does not give a
representative figure (which they should if you tell them
so with supporting reasons) they should take account of
varying overtime, sick pay and so on to arrive at a more
representative figure.
Where payslips show "earnings to date", the agency may
use this figure to get a weekly average, especially if
this would be more than the average of the last five
weeks (or two months).
7.7. What if my working patterns are changing?
Maybe you are coming off shift work or maybe you have
taken a new job.
The agency should take account of such future income
patterns if you tell them.
You might like to quote the Child Support (Maintenance
and Special Cases) Regulations 1992, Schedule 1, 2(4):
"Where a calculation would, but for this subparagraph,
produce an amount which, in the opinion of the child
support officer, does not accurately reflect the normal
amount of the earnings of the person in question, such
earnings. or any part of them, shall be calculated by
reference to such other period as may, in the particular
case, enable the normal weekly earnings of that person to
be determined more accurately and for
this purpose the child support officer shall have regard
to:
a) the earnings received, or due to be received, from any
employment in which the person is engaged, has been
engaged or is due to be engaged.
b) the duration and pattern, or the expected duration and
pattern, of any employment of that person"
7.8. Are pensions taken as income?
Yes but the first UKP10 of any war disablement or war
widow's pension is disregarded.
Perhaps the whole of a war disability pension should be
disregarded. In May 98 someone was going to appeal on
this (see NACSA News 1998, Issue 2, page 6).
7.9. Is Disability Living Allowance taken as income?
No.
If a relevant child of the family is in receipt of DLA
the exempt income should be increased to allow for the
additional costs of a disabled child. This is called a
disabled child premium and is about UKP22.
7.10. Is the AP's partner's income taken into account?
Yes and no.
If the AP and partner have had or adopted children
together then the exempt income is reduced if the partner
has adequate income. The notional costs associated with
the child(ren) is halved.
The partner's income *is* taken into account when
calculating the "Protected Income".
So, unless you have had child(ren) with your new partner
or the new family has an income level similar to Income
Support rates then your new partner's income will have no
effect on your assessment.
The partner's income may also be taken into account if
the PWC has applied for certain "Departures". See the
section on Departures.
7.11. Is the PWC's partner's income taken into account?
No, except in some Departures cases.
7.12. Can the CSA legitimately demand new partners details?
One user of the newsgroup informed the CSA that their new
partner had warned them that any release of her personal
details direct to the CSA on her behalf would be a "Tort"
against her person (she said just that). He told the CSA
that he would tell them what little he knew if they gave
him immunity against any Court action she might take - or
they could ask her directly. The CSA agreed to disregard
her details.
In short the CSA have NO right to obtain by duress your
new partners details and you have no legal obligation to
give them if by doing so you would breach the Law.
But if the new partner's income isn't given the CSA is
likely to make a Category 'B' IMA - which means that the
partner will be legally assumed to be able to half-
maintain any (joint) child(ren) they have. The Protected
Income calculation won't be done. That can mean a higher
assessment if the new family income is around Income
Support levels.
If a Departure application is being considered the new
partner's details may be required. If they are not
provided the agency may have to make assumptions. They
have made assumptions about new partner's incomes which
are intended as a punishment - that is unrealistically
high. They are not entitled to make punitive assumptions
like this.
7.13. Is house insurance allowed?
Allowable housing costs do not include any amount paid
for property or contents insurance. Mortgage protection
policies, to cover for sickness, unemployment and
disability can be allowed.
7.14. Is mortgage protection insurance allowed?
Mortgage protection policies, to cover for sickness,
unemployment and disability can be allowed.
7.15. Are water charges allowed?
No - they're assumed to be covered in the adult Income
Support allowance
7.16. Is Council Tax allowed?
Yes and no. In the "net income" calculation Council Tax
is assumed to be covered in the adult Income Support
allowance but in the "protected income" calculation it is
allowed.
Unless your household income level is similar to Income
Support levels then it will have no effect on your
assessment.
7.17. Are there any restrictions on the size of mortgage?
This is from the information leaflet "Your child
maintenance assessment and help in meeting exceptional
circumstances" (CSA 2024, September 1996):
Owner-Occupiers
The housing costs of an owner-occupier may include both
an element for mortgage interest and repayment of the
loan. If the mortgage is linked to a PEP or an endowment
policy that is designed to produce an eventual profit,
the amount of the endowment premium allowed in Exempt
Income, is in some cases restricted.
* If the mortgage exceeds UKP 60,000 it is limited to an
amount which would be sufficient to pay off the
original loan.
* If the mortgage is UKP 60,000 or less the mortgage
interest and monthly premium are allowed in full.
* If the mortgage is linked to a pension scheme 25% of
the premiums will be allowed.
There is also a restriction on the total mortgage
payments of UKP 80 per week or half of net income,
whichever is greater.
These restrictions cannot be applied if:
* there are children in the household
* the costs have existed for 52 weeks
* the costs have exceeded these limits because of an
increase in rent or mortgage interest rates
* the costs have been incurred because capital is tied up
in the former family home and the ex-partner lives
still live in it.
7.18. Are voluntary extra mortgage payments allowed?
No. Housing costs "shall not include any payments in
excess of those required ... under a mortgage".
If the mortgage period were reduced then the payments
would be higher and should be allowed. We do not know if
this has been tested yet.
This is the Child Support (Maintenance Assessmnents and
Special Cases) Regulations 1992 Schedule 3, 6(a) as
amended by the Child Support and Income Support
(Amendment) Regulations 1995.
7.19. Court Maintenance Orders - do the CSA take them
into account?
Any spousal maintenance order from AP to PWC should be
treated as part of the PWC's income by the CSA. But if
they are on benefits they will be deemed to have no
income.
A court may reduce such an order because the "PWC as
carer" part of the assessment is for the PWC.
If the AP is paying maintenance through the courts for
the benefit of a child other than the one(s) the CSA is
assessing maintenance for then that maintenance shall be
deducted pound for pound from the AP's net income at the
protected income stage.
7.20. Capital - does the CSA take it into account?
No. But they do take interest on it as income.
The legislation does provide a skeleton for further
legislation to allow capital to be treated as income
(Child Support Act 1991, Schedule 1, Paragraph 9f). No
such further legislation has been identified.
The departures regulations also allow wide discretion.
No case has been reported in the newsgroup where the CSA
has used departures legislation to take capital into
account.
7.21. Family Credit - does the CSA take it into account?
It is treated as part of the AP's income but not of the
PWC's. Weird.
7.22. Redundancy payment - does the CSA take it into account?
If the redundancy money is tax exempt then it should not
be included in earnings; the CSA should ignore it. This
means that anything over UKP 30,000 will be taken into
account.
This is from item 4026(8) in the CSA's internal handbook.
The legislative basis quoted is Child Support (MASC)
regulations, Schedule 1 paragraph 1(2).
7.23. What if I reduce my income?
The legislation empowers the CSA to assume a higher
income if you deprive yourself of income "with a view to
reducing the amount of your assessable income".
In practice they seem never to have done this although it
has been done by an ITS hearing.
7.24. What is my income if I trade as self-employed?
Your income is essentially the profits of the business,
apportioned if you are in a partnership. There are
special provisions for childminding, board and lodging
and share fishing.
Unfortunately the rules for calculating those profits are
neither the same as conventional accountancy nor the
Inland Revenue.
The CSA recalculate the profit, normally using the profit
and loss account prepared for the Inland Revenue. If VAT
is shown on these accounts then get another accountant!
The CSA start with the total sales then deduct the usual
expenses but not:
* Asset costs
* Depreciation
* Set up and expansion costs
* Losses from an earlier period
There is nothing like the Inland Revenue's "capital
allowance" to put the depreciation back. This means it
is possible for a business to make a loss as far as the
Inland Revenue is concerned but a profit under CSA rules.
Tax and NI relating to the period of the accounts is then
deducted. This should be actual payments but is often
calculated. We do not know if anyone has ever disputed
this.
Half of pension plan payments made in the period of the
accounts is then deducted. They often get this wrong.
7.25. Which self-employed accounts do they want?
They want a profit and loss account for a period of
between 6 and 15 months, ending in the two years before
the effective date of the assessment. If there is more
than one, they want the latest.
Where no such profit and loss account is given they
calculate the income based on the previous 52 weeks or as
long as the business has been going if less. They need
documentary evidence of income and expenditure.
This means you do not have to submit accounts. It is
legitimate to submit a shoe box of invoices etc.
7.26. What if I've only just become self-employed?
Any periodic payments (start up grants?) made under the
Employment and Training Act 1973 or the Enterprise and
New Towns (Scotland) Act 1990 are included in the sales
figure.
See above for how your income will be calculated if you
do not have any accounts yet. If you have been trading
for more than 6 months then you could provide a set of
accounts.
7.27. What if my business partners don't want the CSA to
see the accounts?
Ask the CSA for an indemnity for the partnership against
any loss resulting from the disclosure of any of the
partnership information to unauthorised third parties
before you provide it. Your business partners can insist
on this.
Let the agency have the information in heavily qualified
terms - not to be used, disclosed, provided, extracted
... to anyone other than the CSA case officer without
explicit permission.
7.28. What if I trade as a Limited Company?
Presumably the Limited Company is registered +
incorporated and you are both a director and a
shareholder.
While the CSA single out the self-employed for special
treatment there is little or no special treatment for
Limited Companies, even when there is only one employee.
The CSA have been known to ask to see the accounts when
their client is a director.
There has been a suggestion in the newsgroup that such
arrangements are treated by the CSA as self-employed
cases but there has been no example to substantiate this
view.
If the CSA write to the Limited Company in its capacity
the response should meet the normal Companies Act
requirements - state directors, registered address,
registered number etc. and be signed by an authorised
person.
The CSA will want to assess the income you derive from
the Limited Company. This will be one or more of:
* Dividends
* Salary
* Loan interest
There should be no need for the CSA to see the Limited
Company's accounts. Their only duty is to assess your
income; they are likely to ask your accountant for
confirmation of income for proof. If you pay yourself a
wage the CSA will get the details via the Contributions
Agency.
7.29. What is the legal position of a Limited Company?
In law a limited company - even if there is a sole
director and shareholder - has a separate legal identity.
It is as if it were another person, and if you are
employed by such a company - even if you are the
shareholder and sole director - it is as if you are
employed by another person (i.e. the company). You
should therefore be treated as an employee of the company
and not as self-employed.
The Child Support (Maintenance Assessment and Special
Cases) Regulations 1992 allows the CSA to treat a parent
as possessing income which he does not have.
Paragraph 26 of Schedule 1 allows the CSA, in certain
circumstances, to treat a person as possessing income if
they perform a service for lower remuneration than is
normally paid for the service. In one newsgroup user's
opinion that could apply where a limited company does not
properly pay a parent and the company is solely owned by
that parent. If that paragraph is applied the parent
would remain an employee, but would be treated as
receiving more income than he or she was actually paid.
Paragraph 27 allows the CSA to treat a parent as
possessing income or capital which they have deprived
themselves of to decreasing their assessable income. A
commissioner held that this paragraph cannot be used in
relation to income deriving from employment (in that case
we think the parent had not taken on employment that was
paid at a higher rate). That decision does not
necessarily extend to limited companies and another
commissioner might not follow that decision.
There was a tribunal case in which the parent was treated
by the tribunal using this paragraph as possessing
several thousand pounds in income because the limited
company that he owned and which employed him had not paid
dividends for a particular year. Again the parent is
still an employee but is treated as possessing additional
income for CSA purposes.
There are also 2 departure regulations that should be
noted. Regulation 24 of the departure regulations allows
a departure direction to be granted where a parent has
the ability to control the amount of income that they
receive, including income from employment and dividends
from shares, and the parent has in the opinion of the CSA
unreasonably reduced the amount of income that they have
received by diverting it to other persons or for purposes
other than the provision of income for themselves. This
could be used where a limited company is being used to
unreasonably reduce a person's assessable income.
It is not clear how this ties in with the other powers in
Schedule 1 of the main regulations. Departure directions
are discretionary; if the CSA or a tribunal finds that
the provisions of Schedule 1 apply they must apply them.
A departure direction also has to be applied for by the
other side - the CSA cannot grant them upon their own
initiative. Again if such a departure direction is made
the parent remains an employee but is treated as
possessing additional income by the CSA.
Additionally, regulation 25 of the departure regulations
allows a departure direction to be granted upon the
ground that a parent's income is inconsistent with their
lifestyle.
Finally, under the general law, although a limited
company is normally treated as a separate legal entity
there are some cases where the courts have performed what
they term "lifting the corporate veil" and instead
treated the company as being the same person in law as
its sole shareholder/director. There are numerous
examples in legal case law in the last 100 years, such as
where a company was just a front to defraud a person's
creditors. It is just possible that the same could be
done where the CSA or a tribunal was of the opinion that
the sole or main purpose of a company's formation or
continued existence was to improperly escape or reduce
liability to pay child support. If that happened the
parent would be treated as self-employed and assessed as
if he and the company were one and the same person in law.
As there hasn't been a court or commissioner case dealing
head on with the issue of single person limited companies
it is impossible to give a definite answer upon how they
will be treated. The above sets out principles and
regulations which are available for the CSA and the
tribunals and commissioners to apply. Generally, at
least as far as tribunals and commissioners are
concerned, they will apply them to produce what they
consider to be a fair and just result.
7.30. Will the CSA take account of my student loan debt?
No. But some clients have had it allowed as a departure.
Alternatively you may have insufficient income to pay it
back after allowing for the maintenance assessment.
7.31. AVCs - does the CSA take them into account
Yes. They are treated the same as personal pension plan
payments. Half of them is subtracted from your gross
income when calculating your net income.
7.32. My children stay with me. Does the CSA take this
into account?
Only if they stay with you for at least 104 nights a year.
The CSA does have the discretion to consider total hours,
rather than nights.
7.33. Is the PWC's income taken into account?
Yes, if the joint "assessable income" of both parents is
more than twice the "maintenance requirement".
The "assessable income" of each parent is calculated. If
the PWC is in receipt of benefits, including Family
Credit, then this is deemed to be none.
If the parents' joint "assessable income" is more than
twice the "maintenance requirement" then the "basic
element" of the assessment is the "maintenance
requirement" apportioned according to the parents
"assessable income"s. So, for example, if the
"maintenance requirement" were UKP70 and the AP's
assessable income were twice the PWC's then the "basic
element" of the assessment would be two thirds which is
UKP46.67.
The "additional element" is calculated in the normal way.
7.34. Is there a maximum assessment?
Yes. It is basic maintenance plus the maximum additional
element.
Where the PWC has no assessable income this is:
child IS allowance + IS family premium + carer element
- child benefit
+
1.5 * child IS allowance + 1.5 * IS basic family
premium (for EACH child).
Assuming that the PWC has no partner and the child is a
baby, at 1997 rates that would be...
16.90 + 15.75 + 49.15 - 10.80
+
1.5 * (16.90 + 15.75)
Which is UKP 119.98 per week.
7.35. Is there a maximum %age of income that can be taken?
40% including arrears or 30% if there are no arrears.
This seems to be 40% of take-home pay after deducting
housing costs, i.e. "Net Income" in the calculations.
Alternatively they can take the difference between "Net
Income" and "Exempt Income".
7.36. What if I'm paying toward my ex-partner's mortgage?
It is not an allowable housing cost because it does not
relate to your home.
It should be taken as part of your ex-partner's income.
7.37. What if the someone doesn't live in the UK?
The CSA can only make an assessment if the child(ren),
PWC and AP are "habitually resident in the UK".
There is no legal definition of "habitually resident in
the UK". It is a question of fact, not of law. When a
decision is being made about the fact they could consider
past, continuing and intended future connections with the
UK, any reason for leaving, the nature of work done
outside the UK and, of course, any periods of residency
in and out of the UK.
This is the advice given to CSOs for determining habitual
residence in the UK:
Examples of people who are likely to be habitually
resident. This is not an exhaustive list.
1)A person who has been abroad for less than 3 years and
who has now returned to the UK.
2)A person working for a set period in another country,
for example an au pair, a teacher on a year's exchange,
a person doing seasonal work, or someone on a fixed
term contract - provided they return to the UK
afterwards.
3)A person working in another country who frequently
returns to the UK (especially if they have kept a home
here).
4)A person who has lived all their life in UK until going
abroad to work and who is likely to come back to this
country.
5)A person from another country who has lived here for
some years before going back to the country from which
they originally came for a limited period.
Examples of people not likely to be habitually resident.
This is not an exhaustive list.
1)A person who has lived in this country for only a few
years before going back to their country of origin or
moving to a third country with no definite intention of
coming back to the UK.
2)A person who goes to live in a country where they have
family connections.
3)A person who buys a house or leases one on a long term
basis in another country.
4)A person who has worked abroad on a long succession of
fixed term contracts and has only rarely or never come
back to the UK.
5)A person who has entered the UK illegally
The courts are still empowered to deal with maintenance
when one (or more?) of the people involved are not
habitually resident in the UK.
There has been bar-room gossip about some countries
having reciprocal arrangements, e.g. all the EC and
Australia but we have never heard of this happening and
cannot find it in the legislation.
The big problem is the certainty of being unable to
fulfil parental duties and have parental pleasures.
Maybe we owe it to the kids to be around, even distantly,
as parents.
Maybe not - if you never intended to be a parent, have
never/seldom seen the child and have no access then
leaving the UK might be a good option.
7.38. What if the AP is self-employed and won't provide
income details?
The agency should do an Interim Maintenance Assessment
(IMA), designed to be punitive.
7.39. When will the CSA assessment replace my existing
court order?
If:
* the assessment is an initial Full Maintenance
Assessment (FMA)
* the assessment does not replace an Interim Maintenance
Assessment(IMA)
* the court order was in force on the date the assessment
was made
then the "effective date" of the FMA (i.e. when it
becomes payable) is 2 days after the date of the
assessment and the CSA should not ask for any payments
covering the period before that date.
8. Arrears
8.1. Why are arrears so commonplace?
Because the agency takes so long to complete an
assessments. All that time the arrears are building up -
- from when the Maintenance Enquiry Form was received or
from 2, 4, 6 etc. years after then.
8.2. Does the agency demand all the arrears?
If the agency has caused a delay of more than 6 months
then their policy is to demand only the last 6 months'
worth of initial arrears providing the AP promises to pay
both those and the regular payments.
They almost always forget to explain that this is their
policy and accidentally demand the whole lot.
This policy was initiated by a White Paper entitled
"Improving Child Support", January 1995, ISBN 0-10-
127452-1. We do not know what document that is now
enshrined in or if the whole of the White Paper proposals
were adopted.
Paraphrasing, paragraph 6.4 of the White Paper says "Some
APs have been faced with very high bills for initial
arrears. Where there has been significant delay by the
agency, we will consider not enforcing more than 6
months' arrears, provided the AP agrees to pay the
current assessment and those arrears. We will compensate
the PWC for any actual financial loss due to un-enforced
arrears after the AP has shown commitment by paying as
agreed for more than a year. If the AP defaults, all the
arrears will be sought."
At least some of this White Paper became working
practice. On 22 July 1998 Baroness Hollis said to a
Select Committee: "at the moment the Agency does have the
practice that, where the arrears were largely due to the
inability of the CSA to process with due speed and the
money is owed to the Treasury rather than to the parent
with care directly, we seek to collect six months' worth
of the arrears and not more than that provided he then
goes on to pay regularly."
And, from Hansard for 16 November 1998 (column 394):
"We can today announce that we are extending the
temporary scheme introduced by the previous Government
limiting the collection of arrears to six months as long
as the Non Resident Parent is fully compliant for a
period of 12 months.
Additionally, from Monday 30 November, we will also be
extending the coverage of this scheme to include cases
where arrears have arisen due to delays in reviews
carried out on change of circumstance and in the reviews
carried out every two years as required by Section 16 of
the Child Support Act 1991.
The extension of this scheme is another indication of the
continuing difficulties faced by the Child Support
Agency. The complexity of the current formula, continues
to limit the Agency's ability to provide the kind of
service the public has the right to expect. Our proposals
for a new, simple, straightforward and transparent
service were set out in the Green Paper 'CHILDREN FIRST:
a new approach to child support' published in July this
year."
9. Payments
9.1. Who does the AP pay?
If the PWC is in receipt of a means-tested benefit
(Income Support, Family Credit etc.) then the AP must pay
via the CSA. Otherwise the AP can pay the PWC directly.
9.2. How does the AP pay?
The CSA decides which is appropriate [Child Support
(Collection and Enforcement Regulations) 3 (1):
* Standing Order or equivalent
* Direct Debit or equivalent
* Cheque or postal order
* Cash
There is no penalty for refusing to open a bank account.
In practice the agency seems to always request payment by
cash by Girobank transfer but does not argue if a
different method is used. They're probably just pleased
to get the money, regardless of how it arrives.
9.3. What about Direct Debits?
Best avoided. With a DD your bank account is at the
mercy of the agency's incompetence.
DDs are guaranteed but you just try sorting it out when
the Agency empties your account on a Friday afternoon.
If you have to use DD then be aware of the rules. A DD
operator must give you 14 days notice (starting from the
day after posting) of the time and amount of payments
they will take.
If they do not do this then your own bank must, if you
ask, make an immediate refund. They don't like to but
they must.
Barclays customers should complain about the agency,
quoting their Direct Debit Originators number (anyone
know what this is?) to Electronic Banking, Octagon House,
Gadbrook Park, Northwich CW9 7RB.
If your bank don't do what they should you can complain
to APACS.
If the CSA got enough DDs wrong (no problem there!) and
enough customers insisted on immediate refunds from their
banks then the banks could get together and stop the CSA
being a DD operator. Now wouldn't that be nice?
9.4. When does the AP pay?
The CSA decides when payments should be made [Child
Support (Collection and Enforcement Regulations) 4. They
should take account of the AP's circumstances, the AP's
preferences, the time taken for, say, cheques to clear
and other relevant matters.
9.5. How can I check that the CSA has paid what it has
received?
Unless the Absent Parent and Parent with Care get
together and compare notes there's no way. The CSA does
not make accounts available.
They have been known not to pass on payments and thus
retain quite large sums.
9.6. What does the PWC get?
The PWC should receive the maintenance in full, a couple
of weeks after it has been paid.
If the PWC is getting Income Support or Job Seeker's
Allowance their benefit will be reduced by the amount of
maintenance. Where the maintenance exceeds the benefit
the benefit will stop.
If the PWC is getting Family Credit, this benefit will be
paid unchanged until it is recalculated, 6 months after
the last calculation. At this time the first UKP15 of
maintenance will be ignored.
The PWC will be no better off unless the maintenance is
more than the means-tested benefit(s). Or more than UKP
15 more than the Family Credit.
Most PWC's, who are no better off, will actually be
disadvantaged because they now have no state guaranteed
income. If the AP or agency does not pay they will go
short. They become reliant on the agency doing its fund
transfer and enforcement jobs properly.
9.7. What does the government get?
The government gets nothing but does save up to the full
amount of the PWC's means-tested benefits, see "What does
the PWC get?".
9.8. What happens if maintenance is more than the PWC's
benefits?
The PWC loses benefits and is in a worse position.
If the maintenance is a little more than benefits then
the PWC will be worse off as they will lose free
prescriptions, school meals, dental care etc.
The PWC and the child(ren) are at the mercy of the AP's
ability and willingness to pay as well as the CSA's
ability to pass on payments received and enforce missing
payments.
If the AP is unable to pay then the PWC will not be
eligible for benefits again until the "waiting period"
has passed.
9.9. What happens if maintenance is less than the PWC's
Income Support?
The PWC and the child(ren) are better off. They will
receive up to the "disregard" amount of the maintenance
without losing any IS. This may be about UKP 15.
9.10. What is the Child Maintenance Bonus?
See "What is the PWC's bonus scheme?"
10. Overpayments
The relevant legislation is The Child Support (Arrears,
Interest and Adjustment of Maintenance Assessments)
Regulations, 1992.
When a overpayment arises the CS Agency may:
* use it to reduce arrears
* reduce the current assessment
When the CS Agency is considering reducing the current
assessment it must take account of:
* The circumstances of AP and PWC
* The sizes of the overpayment and current assessment
* How long it would take to correct the overpayment
If it would take more than 2 years to correct the
overpayment they should repay the overpayment. This
limit seems to be set by working practice rather than
legislation.
11. Reviews
11.1. Periodic (Section 16)
11.1.1. When were periodic reviews suspended?
Section 40 of the Social Security Act 1998 substituted a
new section 16 of the 1991 Act from 7 December 1998.
Together with the Child Support (miscellaneous
Amendments)(No 2) Regulations 1998 these appear to end
all periodic which have an effective date after 8
December 1996.
It is now up to individual clients to apply for Change of
Circumstance (section 17) reviews when circumstances have
changed. There is no change to the section 17 tolerance
rule.
The next section of this FAQ is left in place for the
benefit of people questioning an existing periodic
review.
11.1.2. When is a periodic review done?
2 years after the effective date of the previous
assessment (that is ignoring any intervening Section 17,
18 or 19 reviews). Some exceptions.
In practice the CSA send out packs late. Income and
expenditure are assessed for the week prior to the review
pack being issued.
The payment rate applies from 104 weeks after the
effective date of the previous assessment.
This is unfair if you've had an increase in income
between when they should have sent out the pack and when
they did. Tough? Yes, it can be.
11.2. Change of Circumstance (Section 17)
11.2.1. What is the minimum assessment change?
The CSA will not normally issue a re-assessment unless
the difference is at least UKP 10 or the AP's income is
at Income Support levels. This is the iniquitous and
cynical "tolerance" rule.
The agency does not have to apply this rule. If they
choose to do the review under the Child Support Act 1991,
Schedule 1, Paragraph 15 the tolerance rule does not apply.
"Where a child support officer is satisfied that the
circumstances of a case require different amounts of
child support maintenance to be assessed in respect of
different periods, he may make separate maintenance
assessments each expressed to have effect in relation to
a different specified period".
If you have had a review refused because it fails the
UKP10 tolerance rule you should ask the agency to explain
why it decided not to apply Schedule 1 paragraph 15.
Under the terms of Charter compliance, also known as Open
Government, they have to provide the explanation.
11.2.2. Who can ask for a Change of Circumstances
Review?
Either the AP or the PWC can ask for a Change of
Circumstances Review.
In practice the CSA also initiate Change of Circumstance
Reviews on being told of errors in an assessment. This
is entirely incorrect as the erroneous assessment would
be payable until the Change of Circumstance Review was
started. If they do this you should complain immediately
and start a section 18 review of the original assessment.
11.2.3. What is taken into account in a Change of
Circumstances Review?
The original reviews were a complete re-assessment. The
recent "streamline" reviews assume nothing has changed
except what you tell them about.
You should review every fact which was supplied to the
CSA in the initial and/or periodic assessment(s) as it is
easy to overlook a changed circumstance, e.g. less
interest on savings.
11.3. Second Tier (Section 18)
11.3.1. Who can start a section 18 review?
The AP or PWC where the CSA got it wrong.
In practice the CSA also start the same procedure under
section 19.
11.3.2. What must I do to start a section 18 review?
Application must be made in writing, giving reasons. The
only admissible reasons are that the decision was:
* made in ignorance as of a material fact
* based on a mistake as to a material fact
* wrong in law (includes unfair procedure and badly
exercised discretion)
There is no time limit but the fresh assessment will only
be backdated to the original effective date if the
application is made within 28 days of the challenged
decision unless there is unavoidable reason for delay.
The review must take account of changes in circumstances.
11.3.3. What do they mean, only assessments in force
can be appealed?
Maintenance assessments can only be reviewed if they are
"in force" according to the 1991 Act, Section 18(2(b)).
"In force" is not defined.
The CSA seem to think "in force" means the current
assessment. We think that it should mean an assessment
which creates a liability to pay. This is a more common
sense interpretation meaning an assessment which has not
been superseded.
In any case, assessments which are no longer in force can
be reviewed if the application is made within 28 days of
notification of the maintenance assessment or where there
has been unavoidable delay in making the application for
review. This according The Child Support (Maintenance
Assessment Procedure) Regulations 1992, regulation 29.
11.4. Initiated by the CSA (section 19)
11.4.1. What is a section 19 review?
The same as section 17 and 18 reviews but started by the CSA.
11.4.2. When will the CSA start a section 19 review?
It is at the CSA's discretion whether to start a section
19 review.
Generally APs and PWCs will have discovered errors in CSA
decisions piecemeal and complained about them to the CSA.
Where this is the case it may be advisable to make your
own section 18 submission stating all the errors and
pointing out why they are admissible reasons for the
original decision to be changed.
12. Departures
Departures allow the CSA to exercise discretion in taking
account of unusual circumstances rather than rigidly
applying the assessment formula.
Experience is limited but not encouraging. The departure
system is, with the exception of lifestyle and housing
costs, mainly cosmetic. Very few departure applications
have been granted and the effect on assessments has been
minimal.
12.1. What are the grounds for departures?
* Special expenses
~ Travel to work costs
~ Contact costs
~ Illness or disability
~ Debts before the parent became an AP or PWC
~ Pre-1993 financial commitments
~ Children of the AP's current family
* Property or capital transfers
* Additional cases
~ Assets not producing enough income
~ Diverted income
~ Lifestyle inconsistent with income
~ Unreasonably high housing costs
~ Partner's contribution to housing costs
~ Unreasonably high travel costs
~ Travel costs allowed unnecessarily
12.2. How high do "Special Expenses" have to be?
Unless the combined weekly cost of Travel to work,
Contact, debts before becoming an AP and pre-1993
financial commitments exceeds UKP15 per week it will not
be allowed.
12.3. Debts before the parent became an AP
The debts must have arisen when the parent and ex-partner
were a couple. The debts must have been incurred for the
benefit of one of:
* parent and ex-partner jointly
* ex-partner alone
* a child of the parent and/or ex-partner who lived with them
* a child for whom maintenance is being assessed
12.4. What about partners contribution to housing costs?
If a parent has a partner and it is reasonable for the
partner to contribute to housing costs then the CSA
should apportion costs, based on the incomes of parent
and partner.
When the partner's income details have not been supplied
the CSA must make a reasonable estimate. They have
argued that they should apportion costs 50-50 but they
lost at appeal.
13. Appeals
13.1. How can I get a Secretary of State decision
corrected?
It may be possible to persuade the CSA person who took
the decision, acting on behalf of the Secretary of State,
that they are wrong.
It may be possible to take action in court. This may be
a judicial review.
No formal mechanism has been identified.
The CSA have set themselves no targets for correcting
errors. The government believes the CSA has made so many
errors that it would be impractical to correct them.
13.2. How can I get the CSA to correct my assessment?
See "Reviews - Second Tier (Section 18)"
In law you can simply point out the errors and leave them
to put it right. If the CSA has made a mistake they can
rectify it under Regulation 54 of the Child Support
(Maintenance Assessment Procedure) 1992.
To the best of our knowledge they have never done this.
Experience suggests this is a waste of time and you'd be
better off starting a section 18 review straight away.
This may be because the CSA have not set themselves any
targets for correcting errors.
The agency routinely use this regulation to correct
assessments after appeal.
13.3. How can I get the CSA to cancel a decision in the
interests of justice?
If a decision should be set aside in the interests of
justice you can ask the agency to do so under Regulation
55 of the Child Support (Maintenance Assessment
Procedure) 1992. Application should be in writing to the
Secretary of State.
The agency has been known to use this regulation.
13.4. What can I do if I am not satisfied with the
outcome of my appeal to the CSA?
Independent Tribunals can make the CSA change its
decisions. They make sure that assessments etc. are
legitimate. They are not concerned with what is fair
except where the law is imprecise. Make sure that you
have all your information with you and that it is correct.
13.5. What can I do if I am not satisfied with the
outcome of my appeal to the ITS?
Appeal to the Commissioners. Make sure your MP knows
about the problem.
The ITS complaints procedure is to write first to the
Regional Chairman and then to the President.
13.6. What can the Secretary of State do to overturn an
appeal to the ITS?
As from December 1998, the Secretary of State (as opposed
to a Child Support Officer) can review an ITS decision.
If he reviews a decision your appeal will lapse unless
the decision is less favourable to the party who actually
lodged the appeal. So you could make your section 18
review and appeal only to find the Secretary of State
reviews again and you end up back at square one in the
appeal process.
13.7. What can I do if I am not satisfied with the
outcome of my appeal to the Commissioners?
Not sure. Going to the Court of Appeal may be one option.
13.8. How is the CSA represented at a Child Support
Commissioner's hearing?
Sometimes the CSA instruct counsel, otherwise they send a
departmental solicitor along. CSA instructed counsel
actually don't tend to be that good but there are some
exceptions.
14. Enforcement
14.1. How long does it take to set up a DEO?
It has been done in less than 24 hours.
The law requires the CSA to issue a warning but they
frequently do not.
14.2. What notification does the CSA give of varying a DEO?
Neither notification nor explanation are always given.
The CSA should give the AP a copy of the DEO. There are
no specific time limits for this so it must be done in a
"reasonable" time.
Increasingly the CSA is failing to send APs a copy of the
DEO as required by law. You should make a formal
complaint if this happens to you.
14.3. Can a company refuse to implement a DEO?
NACSA think so.
In practice the powers of the CSA to enter premises etc.
to find are a disruption threat that few companies will
resist. Many larger companies have a policy of co-
operation, believing that the process is legal and ethical.
Some supportive employers may refuse.
14.4. What powers does the CSA have to enter premises etc.?
From the "Powers of Inspectors", section 15 of the Child
Support Act 1991:
(4) An inspector shall have power--
(a) to enter at all reasonable times--
(i) any specified premises, other than premises used
solely as a dwelling-house; and
(ii) any premises which are not specified but which
are used by any specified person for the purpose of
carrying on any trade, profession, vocation or
business; and
(b) to make such examination and enquiry there as he
considers appropriate.
(5) An inspector exercising his powers may question any
person aged 18 or over whom he finds on the premises.
(6) If required to do so by an inspector exercising his
powers, any person who is or has been-
(a) an occupier of the premises in question;
(b) an employer or an employee working at or from those
premises;
(c) carrying on at or from those premises any trade,
profession, vocation or business;
(d) an employee or agent of any person mentioned in
paragraphs (a) to (c), shall furnish to the inspector
all such information and documents as the inspector
may reasonably require.
(7) No person shall be required under this section to
answer any question or to give any evidence tending to
incriminate himself' or, in the case of a person who is
married, his or her spouse.
(9) If any person--
(a) intentionally delays or obstructs any inspector
exercising his powers; or
(b) without reasonable excuse, refuses or neglects to
answer any question or furnish any information or to
produce any document when required to do so under
this section, he shall be guilty of an offence and
liable on summary conviction to a fine not exceeding
level 3 on the standard scale.
The intention of this legislation is a site visit but in
practice it means the CSA demand and get all they want by
phone and letter.
Now there's a way to find out what your colleagues are
earning!! "Payroll please. Hello. Payroll? CSA here.
Could you give me XYZ's gross pay for the last 3 weeks?
Thank you VERY much. Always a pleasure getting
confidential information from you".
14.5. What can I do if a DEO is wrong?
You can't use the ITS as the decision is made by the CSA
on behalf of the Secretary of State. So you have to use
the magistrates' court or, in Scotland, the Sheriff.
The legal situation is that you can only dispute the
order if you can prove that it is wrong in law or that it
does not relate to earnings. The assessment it relates
to cannot be questioned by the courts.
14.6. What can I do if the DEO leaves me in poverty?
DEOs are sometimes taken which leave the household income
below Family Support levels.
If this is occurring in your case you should write to the
CSA giving details of all of your incomes and all of your
outgoings, including the many things the CSA don't
usually take into account. This has proved very
successful in reducing many DEOs by reducing the amount
deducted towards arrears. Obviously, pointing out that
the DEO places you below benefit levels adds to the
strength of your case.
If this is happening to you, you should refuse to accept
no for an answer, taking it to your MP.
14.7. What if my earnings drop after the DEO is set up?
"Where the deduction of the normal deduction rate would
reduce the liable person's net earnings below the
protected earnings rate the employer shall deduct only
such amount as will leave the liable person with net
earnings equal to the protected earnings rate" [Child
Support (Collection and Enforcement) Regulations, 1992
Regulation 12(2)]
The CSA sends a notification form to AP and employer,
detailing both the deduction to be made and the
"protected earnings rate".
The "net income" is not the same as the net income used
when calculating the maintenance assessment. It is gross
pay less tax, NI and superannuation contributions (in
full, not just half of them) [Child Support (Collection
and Enforcement) Regulations, 1992 Regulation 8(5)]
If the net earnings fall below the protected income level
then the shortfall has to be added to the next pay-day
calculation so you don't lose out in the long run.
14.8. What can I do if the AP has paid and the agency
won't hand it over?
Put pressure on them by asking your MP to intervene and
starting a formal complaint.
14.9. What can I do if the AP is understating their income?
You need evidence of the fraud. This can be very hard to
gather. There are three ways to get it:
* Do it yourself. This is cheap but may be impractical.
* Get a government agency to do it for you. If the AP is
understating their income they are probably also
defrauding the government. If the AP is self-employed,
the Contributions Agency fraud line may be useful. The
local Inland Revenue office may be useful. These are
free, but may not be excellent service. If the service
is poor then exert pressure via your MP, the relevant
Minister or (possibly) the Parliamentary Ombudsman.
* Hire a reputable private detective. Expensive but may
get the best results.
15. Complaints
15.1. How can I complain about what the CSA has done?
Write a formal complaint to the Customer Service Manager
at the office you normally deal with. Involve your MP at
the earliest opportunity.
15.2. What can I do if the Customer Service Manager's
response is unsatisfactory?
Write a formal complaint to the CSA's Chief Executive -
and send a copy to your MP.
15.3. What can I do if the Chief Executive's response is
unsatisfactory?
You can write a formal complaint to the Independent Case
Examiner or, via your MP, to the Parliamentary
Commissioner for Administration better known as the
Parliamentary Ombudsman.
The Independent Case Examiner will not act if the
complaint is with the Ombudsman.
16. Tax
16.1. Do Payments to the CSA qualify for tax relief?
This answer applies until April 2000 and, where one of
the parents is over 65, after that date.
Mmaintenance payments ordered by the CSA should qualify
for income tax relief if:
* The payments are made to your former husband or wife
(possibly via the CSA)
* Your former husband or wife has not remarried
* The payments are for the maintenance of your former
husband or wife, child(ren) under 21 of whom you are
both the parents or whom you have treated as part of
your family.
Some tax offices may not insist on the "former husband or
wife" requirement.
Some tax offices may not insist on the "not remarried"
requirement.
If in doubt, ask your tax office.
16.2. How much tax relief?
The allowance is up to a maximum of the Married Couple's
Allowance or slightly more if you are over 65.
Unlike most other personal allowances this allowance is
not an amount of income you can receive without paying
any tax on it.
Instead it is used to reduce your tax bill by a
percentage of what you pay up to a maximum. This flat
rate applies to all taxpayers, regardless of the highest
rate of tax.
The percentages and maxima:
93-4 25% 1,720
94-5 20% 1,720
95-6 15% 1,720
96-7 15% 1,790
97-8 15% 1,830
98-9 15% 1,900
99-0 10% 1,900
For example, if you paid 1,000 maintenance in 96-7 then
your tax would be reduced by 15% of 1,000 which is UKP
150. But if you paid 2,000 you would be over the maximum
and your tax would be reduced by 15% of 1,790 which is
UKP 268.
16.3. Do I deduct tax relief when paying maintenance?
No. Payment is made in full. You will receive any
relief from the Inland Revenue.
16.4. Do I have to pay tax on CSA maintenance payments
received?
No.
16.5. Can I claim relief on maintenance paid before the
assessment date?
No. Tax relief on payments ordered by the CSA is only
available on payments made after the assessment date.
The start date of the maintenance period, known as the
effective date, is irrelevant.
Any voluntary payments made between the effective date
and the assessment date do not get tax relief.
If, however, a legally binding agreement is made covering
these they do qualify for tax relief.
See also "Should an AP make voluntary payments before the
assessment?"
See Inland Revenue leaflet IR93 or ask your tax office
for further details.
16.6. The CSA delayed assessment so I lost tax relief.
What can I do?
Get a written statement from the Inland Revenue about how
much tax relief you have lost and send it to the CSA with
a compensation request. The CSA has paid out with
interest on this type of request.
16.7. I fell into arrears so lost tax relief. What can
I do?
The Inland Revenue can allow tax relief in the tax year
when the maintenance should have been paid.
16.8. Can I claim tax relief for earlier years?
If these reliefs have previously been overlooked then
they can be claimed for up to the last SIX YEARS. This
can result in tax repayments of a few THOUSAND pounds.
16.9. Can APs get tax relief for shared care?
An Additional Personal Allowance may be available if a
child lives with an AP during the tax year. This can be
for as little as a few days a year.
16.10. Where can I get further information?
Talk to your Inland Revenue office and see their booklet
IR93 "Separation, divorce and maintenance payments". The
booklet is available from the Inland Revenue's and
NACSA's websites.
16.11. Does the Inland Revenue pass information to the CSA?
Clause 66 of The Welfare Reform and Pensions Bill allows
the Inland Revenue, on a discretionary basis, to supply
tax information it holds in respect of self-employed non-
resident parents to the Child Support Agency.
Source: DSS Press Release: Date:10 Feb 1999 Ref: 99/031
The clause gives the power by inserting a new paragraph
1A into Schedule 2 to the Child Support Act 1991.
17. The End
17.1. When will the CSA end?
The CSA is unlikely to end before early in the year 2000
because of the time it will take to get a replacement
system going. The steps include consultation, draft
legislation, putting the legislation through parliament
(it has to be in the Queen's speech before the
parliamentary session) then it will take time to set up
offices, computer systems etc., recruit and train staff.
17.2. How can we leave the CSA system?
As long as the PWC is in receipt of a means-tested
benefit (Income Support or Family Income Supplement) then
you cannot leave the CSA system. Except by leaving the
country.
If the PWC is not in receipt of a means-tested benefit
then they (not the AP) must ask the CSA to drop the case.
The agency has been tardy and unresponsive over dropping
cases. About the same as everything else they do. It is
helpful to send your MP a copy of the letter -- this may
speed the agency along.
The CSA normally drag their feet when cancelling
assessments in this manner in order to catch out PWC's
who come off benefit for a short time in order to get the
CSA off their backs. Make sure she gets confirmation in
writing that the assessment has been cancelled.
Something along the following lines should do the trick:
"I no longer fall within Section 6(1) of the 1991 Child
Support Act. I hereby withdraw my authority given to the
Secretary of State and instruct the Child Support Agency
to cancel the current maintenance assessment as per
Schedule 1 Paragraph 16(3) of the 1991 Child Support Act."
18. Useful contacts and sources of information
18.1. Advice and damage limitation website
Helpful source of advice by a regular contributor to the
newsgroup. Includes an assessment calculator.
http://www.cpres.demon.co.uk/csa/csa.htm
18.2. Association for Shared Parenting
01789 751157
Shared Parenting Information Group:
http://home.clara.net/spig/
18.3. APACS (Association for Payment Clearing Services
Mercury House, Triton Court, 14 Finsbury Square, London
EC2A 1BR
Tel: 0171 711 6200
Fax: 0171 256 5527
18.4. BBC
18.4.1. Television
Comments queries and information line: 0181 743 8000
18.4.2. Radio 4
Action line: 0800 044 044
You and Yours:
Tel 0171 580 4444
FAX 0141 303 4020
youan...@bbc.co.uk
18.5. Benefits Agency
National Benefits Fraud Hotline 0800 854440
http://www.dss.gov.uk/hq/bfraud/
http:/www.dss.gov.uk/ba/index.htm
18.6. British Official Publications Current Awareness
Service (BOPCAS)
Official publications
http://www.soton.ac.uk/~bopcas/
Search Index (search for official publication details)
http://www.soton.ac.uk/~bopcas/search/srchindx.htm
18.7. Central Office of Information
Government Press Releases (today's, and historical)
http://www.coi.gov.uk/coi/depts/deptlist.html
18.8. Channel 4
18.9. Child Poverty Action Group (CPAG)
Publish the "Child Support Handbook" written by Emma
Knights and Simon Cox. The 5th edition is for 1997-8,
has ISBN 0-946744-94-7 and cost UKP 9.95.
The book is very useful and relatively cheap.
One user of the newsgroup warns that that virtually all
of the information contained in this book is either
obtained from, or checked and vetted by the CSA.
Therefore, please don't treat it as a fully authoritative
piece of work - there are several omissions, which are
not the fault of the authors, but are due to them having
been fed statements that may fall into the category of
"terminological inexactitudes".
18.10. Child Support Agency (CSA)
FREEPOST PHQ5
The CSA publishes a range of booklets which are more or
less helpful.
The CSA has a web presence at: http://www.dss.gov.uk/csa.
This includes useful information and is worth browsing.
The information includes the CSA's Charter and
information on the ICE.
The CSA publications are at:
http://www.dss.gov.uk/csa/publicat.htm
The CSA has withdrawn the old has withdrawn the old Child
Support Adjudicatrion Guide (see below) but has not yet
published its replacement. The replacement will be
called the Decision Makers Guide and is expected to
appear at:
http://www.dss.gov.uk/csa/dma.htm
Yes, that's dma not dmg.
What are agency staff using in the mean time?
18.10.1. Central Adjudication Services
Lots of data about case law including CSA
http://www.cas.gov.uk/index.htm
The Child Support Adjudication Guide
(http://www.cas.gov.uk/csagcont.htm) is now withdrawn
(see above). It was several very large documents but
easily understood and useful.
Until the new guide is published the old one is the best
available guide to how CSOs do their job. Some newsgroup
users have copies and may send them on request. You need
Acrobat to read them (like any other pdf file).
As they are so large you probably don't want to print
them. It's not obvious how to save them. In Explorer at
least, don't 'open' the page for viewing but instead use
a *right* mouse click on the link and do a "save" or
"save as" from the pop-up menu. Presumably Netscape is
similar? Anyone?
It is helpful to download the index file, "csindex.pdf",
too. This allows you to double-click on items and
Acrobat Reader will get you to the particular item in the
proper file.
18.10.2. Chief Executive
Child Support Agency
Quay House
The Waterfront
Brierley Hill
West Midlands DY5 1XA
18.10.3. Child Support Commissioners
Newspaper House, 8-16 Great New Street, London EC4A 3BN
0171 353 5145
23 Melville Street, Edinburgh EH3 7PW
0131 225 2201
The Child Support Commissioners are the superior appeals
body to the ITS. Unlike the ITS where hearings are
informal the Commissioners are highly legalistic and not
for the faint-hearted or those with no knowledge of the law.
The CSA and ITS are, in theory, bound by their decisions.
Some of their decisions are published on
http://www.hywels.demon.co.uk/commrs/decns.htm
These are the decisions which they believe are of most
general interest.
18.10.4. Data Protection Unit
You can demand all the agency's computer records on you
under the terms of the data protection act. They are
required to supply them in 40 days.
Sometimes they "forget" that data on D/EASE is computer
data, too. The D/EASE data print should be separate to
the normal print and will include account information
etc. Its first page is titled ARCHIVED:FMA.
Room 165H(i)
DSS Longbenton
Newcastle NE98 1YX
18.10.5. Management Information Team
Provide CSA statistics.
Longbenton (anyone got full contact information?)
18.10.6. Open Government Contact
CSA Open Government Contact
Central Data Protection Team
Child Support Agency
Room 165J
DSS Longbenton
Newcastle upon Tyne NE98 1YX
Tel 0191 22 53154
FAX 0191 22 53954
18.10.7. Publications
Tel 0191 22 50412
18.10.8. Solicitor
Office of the Solicitor
Dept of Social Security
Dept of Health
New Court
48 Carey Street
London WC2A 2LS
Main Switchboard: 0171 962 8000
Fax for Litigation Branch: 0171 412 1523
Direct Dial for Litigation Branch: 0171 412 1489
18.11. Citizens Advice Bureaux (CAB)
See your local telephone book for local details.
Please make sure your local office is aware of this
newsgroup, this FAQ, NACSA and the Family Support Agency,
especially NACSA's Survival Guide.
NACSA have sent every Citizens Advice Bureau in the
country an information pack and posters. Please make
sure they are using them.
National Association of Citizens Advice Bureaux:
www.nacab.org.uk
Child support: one year on (78 HTML pages; you'll need to
register):
http://www.nacab.org.uk/index_2.html
18.12. Consumer Credit Counselling Service
Wade House
Merrion Centre
Leeds LS2 8NG
Tel 0113 297 0121 and 0800 1381111
FAX 0113 297 0100
They are a registered charity, reportedly very helpful.
They can negotiate with all creditors and may be able to
get the interest stopped.
18.13. Data Protection Registrar
Wycliffe House, Water Lane, Wilmslow,Cheshire SK9 5AF
Tel 01625 545700
http://www.open.gov.uk/dpr/dprhome.htm
You will find contact numbers there, plus lots and lots
more useful info.
Officer mainly concerned with the CSA is Mark Thorogood.
Publish a Guidance Note on the CSA, last edition 1994.
The Data Protection Act requires that records are kept
accurate and up to date so, if you have a problem with
the CSA keeping inaccurate or out of date information on
you, you should ask the Data Protection Registrar for
advice.
18.14. Dejanews
Deja News is a web front end to searching newsgroups.
It can be used to search for old threads in this newsgroup.
18.15. Department of Social Security
Dept of Social Security
Richmond House
79, Whitehall
London SW1A 2NS
Alistair Darling, Secretary of State for Social Security
Stephen Timms, Minister of State: Deputy to the Secretary
of State
Patricia Hollis, Parliamentary Under Secretary of State
in the Lords
Angela Eagle, Parliamentary Under Secretary of State
Hugh Bayley, Parliamentary Under Secretary of State
See http://www.dss.gov.uk/hq/ministers/mainframe.htm
Baroness Hollis of Heigham
PUSS for Social Security
[PUSS is short for Parliamentary under Secretary of
State]
FAX: 0171 238 0682
18.16. Families need Fathers
Website http://www.fnf.org.uk
0171 613 5060
A lot of FNF people contribute to newsgroup
uk.people.fathers
18.17. The Family Support Agency
Victims of the CSA can find help and advice on the Family
Support Agency website.
The Site includes:
+ On line CSA assessments
+ Golden Rules
+ 200+ MP's E-mail addresses
+ 50+ UK newspaper E-mail addresses
+ Weekly meetings on the Chat Page
+ Real case stories from other victims
+ Instructions on posting anonymously
+ CSA Newspaper Stories
+ A tribute page
+ Links to other CSA related sites
+ Read uk.gov.agency.csa from your browser
+ Use your rights under the data protection act
http://www.geocities.com/Heartland/6913/
http://www.geocities.com/Heartland/6913/assess.htm
18.18. Her Majesty's Stationery Office (HMSO)
Acts of Parliament (only 1996 onward, so not the Child
Support Act)
http://www.hmso.gov.uk/acts.htm
Source of the DSS publication "Financial redress for
maladministration" ISBN 011762473X
0171 8739090
18.19. Houses of Parliament
18.19.1. Minister for the Cabinet Office
The government minister in charge of the day-to-day
running of the Civil Service, including the CSA. The
Prime Minister is formally in charge of them.
The Right Hon Dr Jack Cunningham MP, Minister for the
Cabinet Office
Office of Public Service, 70 Whitehall, London SW1A 2AS
E-Mail: jcunn...@ccta.gov.uk
Tel: 0171 270 0400
FAX: 0171 270 0196
18.19.2. House of Commons Public Information Line
0171 219 4272
18.19.3. Social Security Committee
18.19.4. Stationery Office
Bills before Parliament (e.g. current Social Security bill)
http://www.parliament.the-stationery-
office.co.uk/pa/pabills.htm
Search parliamentary publications database (powerful
search of Hansard - Commons, Lords, etc.)
http://www.parliament.the-stationery-office.co.uk/cgi-
bin/tso_fx?DB=tso
18.19.5. Tony Blair
FAX: 0171 925 0918
18.19.6. MPs e-mail addresses
all...@parliament.uk; all...@parliament.uk;
ande...@parliament.uk;
arbu...@parliament.uk; arms...@parliament.uk;
paddya...@cix.compulink.co.uk; athe...@parliament.uk;
atk...@parliament.uk; bal...@parliament.uk;
bay...@parliament.uk;
be...@parliament.uk; be...@parliament.uk;
be...@parliament.co.uk;
ber...@parliament.uk; bla...@parliament.uk;
blu...@parliament.uk;
boat...@parliament.uk; bor...@parliament.uk;
botto...@parliament.uk;
botto...@parliament.uk; bra...@parliament.uk;
braz...@parliament.uk;
bro...@parliament.uk; bru...@parliament.uk;
bu...@parliament.uk;
bur...@parliamet.uk; camp...@parliament.uk;
anne.cam...@dial.pipex.com;
nefife...@cix.compulink.co.uk;
cap...@parliament.uk; cat...@parliament.uk;
chay...@parliament.uk;
eastle...@cix.co.uk; chu...@parliament.uk;
micheal...@geo2.poptel.org.uk; cla...@parliament.uk;
cla...@parliament.uk; cla...@parliament.uk;
clel...@parliament.uk;
coll...@parliament.uk; conn...@parliament.uk;
co...@parliament.uk;
coo...@parliament.uk; corb...@parliament.uk;
cors...@parliament.uk;
weston...@cix.co.uk; crau...@parliament.uk;
jack.cu...@geo2.poptel.org.uk; rcmp....@snp.org.uk;
dav...@parliament.uk; dav...@parliament.uk;
dav...@parliament.uk;
daw...@parliament.uk; steph...@zetnet.co.uk;
den...@parliament.uk;
dob...@parliament.uk; dr...@parliament.uk;
eag...@parliament.uk;
eag...@parliament.uk; ribble...@dial.pipex.com;
fab...@parliament.uk;
fal...@parliament.uk; fl...@parliament.uk;
fly...@parliament.uk;
foll...@parliament.uk; fors...@parliament.uk;
donfo...@cix.co.uk;
fra...@parliament.uk; galbr...@parliament.uk;
garn...@parliament.uk;
geo...@parliament.uk; gerr...@parliament.uk;
gol...@parliament.uk;
gra...@parliament.uk; gree...@parliament.uk;
griff...@parliament.uk;
ngrif...@dial.pipes.com.uk; gum...@parliament.uk;
gunn...@parliament.uk; ha...@parliament.uk;
hami...@parliament.uk;
har...@parliament.uk; nickha...@cix.compulink.co.uk;
hea...@parliament.uk; da...@wells.tory.org.uk;
hew...@parliament.uk;
ho...@parliament.uk; ho...@parliament.uk;
ho...@parliament.uk;
hopk...@parliament.uk; howe...@parliament.uk;
hug...@parliament.uk;
hug...@parliament.uk; bermo...@cix.co.uk;
hut...@parliament.uk;
idd...@parliament.uk; ing...@parliament.uk;
bernard...@northessex.tory.org.uk;
jon...@parliament.uk;
jo...@newlab.u-net.com; nigelj...@cix.co.uk;
kee...@parliament.uk;
al...@patrol.iway.co.uk; kel...@parliament.uk;
kenn...@parliament.uk;
kid...@parliament.uk; rthont...@msn.com;
king...@parliament.uk;
archyk...@cix.compulink.co.uk;
ag...@poole.tory.org.uk;
alan....@geo2.poptel.org.uk;
andrew...@geo2.poptel.org.uk;
seab...@parliament.uk; sho...@parliament.uk;
pc...@bigfoot.com;
newbu...@cix.compulink.co.uk;
asmp.pe...@snp.org.uk;
lady...@parliament.uk; lawr...@parliament.uk;
lev...@parliament.uk;
lidin...@parliament.uk; lil...@parliament.uk;
lin...@parliament.uk;
10527...@compuserve.com; lo...@parliament.uk;
loug...@parliament.uk;
lo...@parliament.uk; mccaf...@parliament.uk;
macdo...@parliament.uk;
mcf...@parliament.uk; mcnu...@parliament.uk;
macs...@parliament.uk;
macta...@parliament.uk; mcwa...@parliament.uk;
mah...@parliament.uk;
mall...@parliament.uk; map...@parliament.uk;
mat...@parliament.uk;
max...@parliament.uk;
arlene....@geo2.poptel.org.uk;
mich...@parliament.uk; moff...@parliament.uk;
mor...@parliament.uk;
mor...@parliament.uk; mor...@parliament.uk;
mor...@parliament.uk;
mud...@parliament.uk; mur...@parliament.uk;
nays...@parliament.uk;
nor...@parliament.uk; org...@parliament.uk;
pais...@parliament.uk;
pear...@parliament.uk; pen...@parliament.uk;
pic...@parliament.uk;
pickt...@parliament.uk; plas...@parliament.uk;
po...@parliament.uk;
pren...@parliament.uk; prima...@parliament.uk;
qui...@parliament.uk;
ro...@parliament.uk; ro...@parliament.uk;
russ...@parliament.uk;
russ...@parliament.uk; sal...@parliament.uk;
savi...@parliament.uk;
sawf...@parliament.uk; say...@parliament.uk;
shee...@parliament.uk;
shel...@parliament.uk; simp...@parliament.uk;
simp...@parliament.uk;
smi...@parliament.uk; spel...@parliament.uk;
star...@parliament.uk;
stew...@parliament.uk; stew...@parliament.uk;
sto...@parliament.uk;
swa...@parliament.uk; tayl...@parliament.uk;
tay...@parliament.uk; mike...@geo2.poptel.org.uk
18.20. Independent Case Examiner
Irreverently referred to as the ICE Maiden, she seems to
be performing a lot better than the CSA. Publish an
annual report, available free on request.
PO Box 155
Chester CH99 9SA
Tel: 0845 6060 777 (local rate)
0151 801 8800
FAX: 0845 801 8825
Website: www.ind-case-exam.org.uk. It contains little
except the complaints procedure.
18.21. Inland Revenue (ex Contributions Agency)
Responsible for collecting National Insurance
contributions, including the self-employed. As self-
employed contributions are dependent on profits they want
to know about under-declared profits.
Fraud Hotline: 0800 788 887
18.22. Magistrates Courts
Can order CSA to correct some mistakes. Please post
articles to the newsgroup if you have experience of using
the Magistrates' Courts.
18.23. National Association for Child Support Action (NACSA)
The National Association for Child Support Action is a
national organisation which has been running since the
end of 1993. It specialises in child support matters.
PO Box 3159, Fishermead, Milton Keynes MK6 2YB.
01908 665646
http://www.scallywag.com/nacsa
NACSA's "Survival Guide"
(http://www.scallywag.com/nacsa/survive.pdf) is very
helpful. It also contains a lot of material on
campaigning to sort out problems with both the CSA and
the legislation.
NACSA publish a newsletter, "NACSA News". Back Issues
available from the website.
NACSA have a CSA assessment program for download from the
website.
18.24. National Audit Office
Press Office: 0171 798 7400
18.25. Official Documents
To find UK official documents
http://www.official-documents.co.uk/menu/uk.htm
To find text of UK official documents
http://www.official-documents.co.uk/menu/ukpinf.htm
18.26. Parliamentary Ombudsman
Office of the Parliamentary Commissioner for
Administration
Church House
Great Smith Street
London SW1P 3BW
Tel: 0171 276 2130 and 0171 276 3000
You can only ask the Ombudsman to look at your case via
your MP but you can contact them directly to ask for an
explanatory leaflet. If your MP refuses to ask the
Ombudsman then you can ask another MP to do so.
The Ombudsman's leaflet does not explain that they will
not:
* take action when a similar problem has already been
investigated
* award compensation unless the CSA have already been
asked for compensation
This makes the ombudsman next to useless for what they
were intended to do: to protect the citizen from the
excesses of government.
The CSA Independent Case Examiner is more useful.
18.27. Press - getting information from them
Electronic Telegraph (includes excellent searchable
archive of Telegraph articles back to Nov 1994).
http://www.telegraph.co.uk/
Manchester Evening Standard
http://www.manchesteronline.co.uk/
18.28. Press - getting information to them
Daily Mail let...@dailymail.co.uk
Daily Star ooh...@megastar.co.uk
Daily Telegraph edi...@telegraph.co.uk 0171 513 2506
fax 0171 538 5000
Mail on Sunday jason...@dial.pipex.com
Evening Standard g_w...@pavilion.co.uk
Express rese...@express.co.uk
Guardian let...@guardian.co.uk 0171 837 2114 fax
0171 278 2332
Guardian (PR) ian....@guardian.co.uk
Independent onl...@independent.co.uk 0171 293 2047
fax 0171 345 2000
Independent on Sunday 0171 293 2044
Mirror (Dear Jo and Justice with Jacobs)
s.hase...@mgn.co.uk
dea...@mirror.co.uk
1 Canada Square, London, E14 5AP
Observer let...@observer.co.uk 0171 713 4250
Observer (PR) ian....@observer.co.uk
Private Eye str...@private-eye.co.uk
Sunday Telegraph 0171 513 2504
Sunday Times jona...@delphi.com 0171 782 5658
Times times.i...@dial.pipex.com 0171 782
5988 fax 0171 782 5000
18.29. Sweet and Maxwell
Publish "Child Support: The Legislation" with commentary
by Edward Jacobs and Gillian Douglas. The 1997 edition
has ISBN 0-421-59520-5 and cost around UKP 36.00.
Not for the faint hearted, this is the text that most
Tribunals and Commissioners rely on at hearings, as do
CSA Presenting Officers. It includes some decisions of
the Child Support Commissioners.
Also publish "FAMILY MATTERS" and "SOCIAL SECURITY" on a
free monthly basis via their website at
www.smlawpub.co.uk (you register first).
18.30. Talk Radio
Wide ranging discussions, listened to by many MPs. Have
discussed CSA both in dedicated programmes and in the
general programme "Openline" which is on many evenings,
hosted by Anna Raeburn. Jacobs (of Justice with Jacobs
in the Mirror) at 11 AM on Wednesdays.
Tel: 0500 105389
Frequencies: 1053 and 1089 medium wave (the old Radio 1
settings)
19. Miscellany
19.1. Does the CSA have to believe what I tell them?
A tribunal case has found that the CSA must believe the
answers you give to them as fact, unless they have GOOD
reason to believe you are lying.
Officers administering social security (including that
branch known as Child Support) are bound by reported
Commissioners' Decisions. In R(SB) 33/85, the learned
Commissioner held that a claimant's own [written or oral]
statements are evidence and that an adjudicating
authority must have regard to that evidence, unless the
evidence were self-contradictory or inherently
improbable.
That was a Supplementary Benefit decision, but is applied
across all disciplines, including benefits, the National
Insurance Contributions scheme and Child Support. In
effect, even unopposed evidence need not be accepted if
to do so would defy reason or logic.
19.2. What happens if you lie to the CSA?
According to the CSA: "The Child Support Agency does not
undertake fraud investigations in the manner of the
police or the Benefits Agency. This is because the Child
Support Act, under which it operates, does not
specifically prescribe a criminal offence of fraud. In
other words, to give false information to the Agency is
not a criminal offence under the Act."
19.3. What is a Connell Order?
It is an Order which provides for maintenance of a wife
and children. A court decides what a husband has to pay
globally to a wife and children, and makes an order for
payment of that amount "less the amount of any CSA
calculation".
It ensures that a husband is not made worse off if his
wife goes to the CSA.
If the wife goes to the CSA she is no better off because
the husband deducts whatever the CSA demands from what he
was paying under the Connell Order.
Suppose a wife has an Order for UKP 100 per week for her
and kids. If a Connell Order has been made and she then
goes to CSA and gets UKP 40.00 by way of assessment,
husband then pays her UKP 60.00 and CSA UKP 40.00
19.4. Do I need to inform the CSA when my circumstances
change?
No. But you may want to be reassessed. See "Reviews -
Change of Circumstances"
19.5. Are CSA payments taken into account for Housing
Benefit?
Apparently not.
19.6. What if the PWC is defrauding the benefits system?
The AP could write to the CSA and tell the DSS via the
National Fraud Hotline, keeping their MP informed.
The CSA are unlikely to be interested but they should be.
Any income the PWC has is ignored if they are claiming
benefits. If they do have income which is ignored this
way then the AP's assessment will be higher than it
should be.
On this basis you can appeal any resulting assessment
quoting the phrase 'departure from the formula
assessment'.
An assessment made when benefit is incorrectly paid to
the PWC should be set aside according to a Child Support
Commissioner's decision. Unfortunately this decision was
reversed in June 98 by the Court of Appeal but this
latter judgement may have been flawed.
By the time the AP gets to tribunal (note the implicit
assumption that the CSA will not set aside the
assessment!) the DSS should've investigated and taken the
PWC off benefits. That's the evidence needed for the
tribunal.
19.7. What can I do if the CSA does not give me the
maintenance?
We do not know of any method to force the CSA to hand
over maintenance. Any advice will be appreciated.
Asking an MP to intervene and complaining (see complaints
procedure) may help.
19.8. What is the PWC's bonus scheme?
"From 7 April 1997 up to UKP 5 per week of any child
maintenance received by a person with care on income
support (IS) or income based jobseeker's allowance (JSA)
is set aside by the Benefits Agency towards a bonus
irrespective of whether that person or a partner is the
claimant; however, should a bonus be awarded it will be
payable to the recipient of the child maintenance.
This set aside continues for each week that child
maintenance is paid for the qualifying child living with
the family in receipt of benefit. Any such bonus period
can be linked to another in certain circumstances, for
example where the gap is less than twelve weeks or where
certain other benefits are received.
Child maintenance includes maintenance paid by an absent
parent under a CSA assessment, an agreement (whether
enforceable or not) and a court order, and as deductions
from IS/JSA (these now amount to UKP 5 per week). Where
an absent parent pays more than his liability, only the
amount liable counts towards the UKP 5 set aside. As is
to be expected, only maintenance taken into account in
calculating the IS/JSA will count towards the bonus.
Statements may be sent by the Benefits Agency of the
amount estimated to be due as a bonus.
The bonus is payable when the person with care or her
partner returns to work within 14 days of leaving IS/JSA.
The bonus must be claimed, usually within 28 days of
leaving IS/JSA. The amount payable will be the lowest
of:
a) the amount set aside during the bonus period;
b) the amount of child maintenance paid during the
bonus period; or
c) UKP 1000
The bonus payments will be ignored for 52 weeks when
calculating other means-tested benefits, such as family
credit. The bonus will also be payable where the person
with care on IS/JSA reaches 60/pensionable age
respectively."
(Source: Emma Knights, MAY [1997] Family Law, pp 345,346)
19.9. What sort of people work at the CSA?
Administrative Officers earn UKP 4.14 to 5.79 per hour.
And there are target-orientated bonus schemes.
You don't buy the most competent administrators in the
world for those rates. And you don't expect them to put
in much effort where there aren't any targets -- like
correcting mistakes.
Some of the voices on the phone and writing styles suggest
that they are not all matured by the passage of years.
19.10. How can I phone the CSA when the line's always busy?
Why not substitute any 3 digits for the last three zeros,
e.g. for Belfast, try 0345 132328 instead of 0345 132000.
Then ask for the department you want. At the same time
note the name of the person or section which answers and
report it to the newsgroup so we can build a CSA
telephone directory. Please try and get a name, job
title and section.
Here are some 0345 numbers:
132000 Switchboard, Belfast
132010 FAX
132011 FAX
132014 FAX
132092 CAS 5 - Dennis Rogan
132100 Internal switchboard, Belfast
132114 FAX
132200 Management Office - Michael
132212 Parliamentary unit - Catherine McCullum
132216 Customer Services - Cathy Keenan
132226 FAX
132230 Customer Services - Debbie Taylor
132234 Head of IT
132238 Head of IT
132248 Projects & Planning
132314 Projects & Planning - Martin Boyd
132316 Projects & Planning
132328 Quality(!) - Frances McMullan
132377 CAS 3 review section
132379 CAS 3 accounts section
132413 Enforcement - Sian
132500 CAS 2 - Gerry Boyle
132533 CAS 1 - Catherine
132601 Mary McGrath
132626 FAX
133613 Central Appeals Unit - David Pope
136191 Customer Services - David Anderson
137000 Switchboard
137262 Reviews Section
137285 Debt Management/DEOs
137321 Debt Management/DEOs
137379 FAX Reviews Section
137531 Reviews Manager
137581 Debt Management/DEOs
137597 Debt Management/DEOs
137599 Reviews Section
137606 FAX Reviews Section
137627 Reviews Section
138000 Switchboard, Birkenhead
And some 01 numbers:
01206 288052 Colchester - Mrs Carmichael
01232 339 plus extension - reverse charge to Belfast
office
01232 339XXX is the same extension as 0345 132XXX
01284 775550 Bury St Edmunds - Roger Barber
01384 574833-5 Chief Executive's Office - Geoff Ogle,
Martim Bamber, Amanda Brumell, Paul Stacey
01384 574836 Chief Executive's Office FAX
01384 574900 Parliamentary Correspondence - Dave Moody
01384 574925 Parliamentary Correspondence FAX
01384 488480 A FAX, Dudley Accounts?
01473 267897 Ipswich
0151 649 2381 FAX, Birkenhead.
0151 649 2220 FAX, Arrears, Birkenhead
0191 225 3954 FAX, Data Protection
Beware! If telephoning always write in confirmation of
the call. That way, unless the CSA write back denying
your version, you have a written record of what was said.
Unless you forgot the standard advice on getting proof of
posting the letter!
19.11. Does the CSA owe a duty of care to clients?
Whether a duty of care exists (which is a pre-requisite
of an action for negligence) depends on all the
circumstances. The courts decide whether a duty of care
exists in given situations on a case by case basis, but
presumably the one most relevant here is whether they owe
a duty of care in relation to the "advice" that they
give. It is very possible that they do, although it is
difficult to say for sure.
The DSS have argued for years that they owe their
"customers" no duty of care in the advice they give.
An alternative approach may be a tort of misfeasance in a
public office which would apply where a public body or
official causes someone financial loss by deliberately
abusing their powers, or acts in a conspiracy to cause
unlawful financial loss or harm to another.
19.12. How does the CSA track clients down?
There is group at Belfast (and probably other offices)
calling themselves 'Specialist Trace'. They put a trace
in at Cumbernauld, Scotland, continually looking at NI
contributions etc. When an NI contribution is paid on
someone they are hoping to contact, the victim knows with
uncustomary speed - like within the week!
The agency may be breaking the law by doing this. Anyone
know what the position is?
The CSA tries to track clients via their last known
employer. Here is the text of the letter they send, CSA
form 154, 8/96.
To:
Private and Confidential
The Personnel Manager SPECIALIST TRACE
[address
...
Date
...]
(BOLD)We need some information about an employee(end
bold)
We understand the person named below is, or has
recently been, employed by you. Please complete the
other side of this form. You are required to give
this information under the Child Support
(Information, Evidence and Disclosure) Regulations
1992.
(BOLD)Do not pass this form to your employee. This
form must be completed by your Personnel
Department.(end bold)
Employee details
Surname
Foreneme
NI Number
Job title/Clock/Payroll number
Child Support legislation prevents the Department
from disclosing to a third party either an address,
or any other information which could lead to a person
being located, except in specific circumstances laid
down in regulations 8 to 10 of the Child Support
(Information, Evidence and Disclosure) Regulations
1992.
Your cooperation in this matter is appreciated. An
addressed envelope which
does not require a stamp is enclosed for your reply.
[signed]
Please turn over
Form 154 8/96
(BOLD) Your reply(end bold)
Tell us the latest address you have for this person
Can we contact the person at work by
(Please tick box)
telephone
in writing
personal visit
If this person is no longer employed by you, tell us
the date they left and any details of their new
employer
Signature
Date
Position in firm
Business name and address/ company stamp
19.13. How does the CSA track clients' partners?
A source of information inside the CSA says they are NOT
allowed to track clients' partners through electoral
records, Tax or National Insurance.
But when unemployed clients get new jobs the agency finds
out about them very quickly.
And newsgroup contributors report that the CSA has
information which apparently came from the Inland Revenue.
19.14. Should an AP make voluntary payments before the
assessment?
If the PWC is in receipt of Income Support or Family
Credit and the assessment will be less than the benefit
then there's no point in making voluntary payments. The
"maintenance" assessment will not benefit the children,
only the government. Take that as a no.
In other circumstances the answer is maybe but probably
not. This is when the PWC is not in receipt of benefits
(a so-called private client) or where the assessment will
exceed the value of the benefits. Once the maintenance
is flowing the PWC's household will be better off.
In these circumstances it is the natural reaction of a
responsible AP to want to make voluntary maintenance
payments while waiting for the CSA to complete the
assessment.
Sadly the way the law and CSA work makes this a big
gamble. They do not have to take any account of such
payments and often do not. As a result the AP ends up
paying twice for the same period - once voluntarily and
again in arrears.
If an AP cannot bear to see the children suffer from
having no voluntary maintenance then, to maximise the
chance of having these payments recognised by the CSA,
they should:
* Have a written agreement, signed by AP and PWC, and
making clear that the payments are for child
maintenance
* Have documentary evidence of the payments such as
receipts or bank statements
See also "Can I claim relief on maintenance paid before
the assessment date?"
19.15. Where can I find a lawyer to help?
There are few lawyers who have taken an interest in CSA
matters so it is hard to find one.
The newsgroup does not exist to advertise professional
services but this question is asked so often that it is
worth noting the people that have been contacted via the
newsgroup and who have contributed to it:
NACSA are building a list of lawyers, see
http://www.scallywag.com/nacsa/legal.htm
19.15.1. Bob Pape
bob....@virgin.net
http://listen.to/child-support-solutions.
Very helpful past contributor but now too busy providing
help directly to contribute.
19.15.2. Durham Legal Services
mi...@d-l-s98.freeserve.co.uk
www.d-l-s98.freeserve.co.uk
and www.d-l-s99.freeserve.co.uk
0191 5211123
Poor record of contributing to the newsgroup but
very knowledgeable and helpful. All advice by
telephone is free.
19.16. Can I tape telephone conversations with the CSA?
Technically it's quite easy. The simplest is to put a
microphone close to the ear piece. If you haven't got a
microphone try a pair of headphones instead. An
inductive pickup is better and they are quite cheap. A
Dictaphone can do the job of microphone and tape. Some
answering machines can do it.
The legal position is less straightforward. Legally, you
need to tell the other party you are taping the
conversation, and put an audible beep on the line every
20 seconds to remind them they are being taped. Taped
evidence is unlikely to be admissible in court, but can
prove very powerful in 'negotiations' before court. They
can also provide very accurate transcripts.
19.17. Can the CSA intercept my e-mails?
Current legislation is not specific on e-mail, but the
police are treating access to email records at ISP's
under the PACE rules.
They have asked many of the larger ISP's to agree to a
memorandum of understanding which will mean that your ISP
will give out information from your account at the
request of a senior officer; that is, they will not
require a Court Order.
19.18. Can the CSA get information from Banks, Pensions
providers etc?
Not legally, unless you or a court authorise them.
In practice some Banks, Building Societies and Pension
Companies do believe that they are legally required to
answer the CSA's questions without authorisation from
yourself or a court.
If in doubt, ask them for their understanding of the law
and take your business elsewhere if they don't understand
or if they make unauthorised disclosures. The Data
Protection Registrar may also like to know.
For those who are familiar with this post and know how to use killfiles,
it is possible to avoid downloading this FAQ under normal circumstances
by adding a reference to kill on the following line:-
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When a new version appears this will be modified for the first time it is
posted, hopefully saving bandwidth..
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Posted by: Paul Carpenter of PC Services, on behalf of uk.gov.agency.csa
For details of FAQs, charters available from this site via email.
email: info...@pcserv.demon.co.uk with message ONLY of:-
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