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5. Hints and tips
5.1. Dealing with the CSA (2001-10-28)
(This web site identifies some sources of advice).
* 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 which contains a vast amount of reference material and advice for dealing with the CSA. The "Survival Guide", available to members, is a good starting point, although currently somewhat out of date.
* If you have doubts about paternity, it is best to sort them out now rather than try to do so later. Especially see 6.5.Paternity below.
* 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 DWP 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. This web site, NACSA, the "Family Support Agency" and the "Advice and Damage Limitation Website" 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 11.Reviews) 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 (and NACSA can provide the text for the request). 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 (2001-10-28)
* Find your local NACSA contact from the website and get in touch with local victims. Other support organisations are identified on this web site.
* 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? (2001-10-28)
The CSA take on two types of cases - when the PWC is on benefits (the only benefits currently concerned being Income Support and Job Seeker's Allowance (Income Based)) and non-benefit cases known as "private" clients. (Either the PWC or the NRP can start a private case).
About 39% of current cases are benefits cases. When cases start, the proportion is higher than this. Then, over the lifetime of a case, a PWC who was claiming benefits which triggered the case may start working for at least 16 hours per week, and cease to qualify for these benefits. So the case turns into a private case, and at that time the PWC is entitled to stop the case.
Where the PWC is on these particular benefits they must give the CSA authority to arrange maintenance. The only excuse is that this would create an undue risk of harm. There have been financial incentives to get PWCs to co-operate. Under the reformed scheme, there will be a disregard (incorrectly called a "premium") of the first £10 per week of child support, which will probably be an incentive to many.
Private clients cannot be taken on if there is a pre-1993 court order or written evidence of a pre-1993 agreement. But the rules for permitting court orders to be replaced by CSA cases are changing - this section will be updated with more information.
The CSA does not take on retrospective cases. They only act after receiving an application, often initiated by the Benefits Agency. They cannot collect money for a period before they have sent the form to the (potential) NRP.
6.2. What if the PWC does not cooperate? (2001-10-28)
At one time 70% of PWCs did not co-operate with the CSA. (This proportion has now reduced considerably). Most had nothing to gain and a lot to lose. Unless the maintenance was assessed at more than their benefits and successfully collected then the PWC was 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 NRP, 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 NRP 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 (this was 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) (2001-10-28)
There must be a "legal" child of the PWC and NRP. "Legal" parents are natural parents unless there has been adoption or a parental responsibility order. Children must be under 17 or under 19 if in full time education other than a degree.
The rules for "what is a child for the purposes of child support" are actually very complicated, and even experienced advisors can be surprised. The basic laws are in the following documents:
6.4. Residency
6.4.1. Can the CSA assess me if I'm not a UK resident? (2001-10-28)
Yes, in certain situations.
First, the the precise residency conditions applied by the CSA are uncertain. See 7.37.What if the someone doesn't live in the UK? 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
Second, even for those who are not resident according to these criteria, if they work for an organisation which is UK-based (which typically means that the CSA can order the payroll department to apply a DEO) the CSA has jurisdiction.
6.5. Paternity
6.5.1. Should I take a paternity test? (2001-10-28)
If you do not think you are the father it is in your financial 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. It is much easier to get paternity sorted out when the forms are first received than later.
On the downside the cost is around UKP 450 and the CSA are not noted for returning it promptly. Another downside is that if the NRP actually wants to continue to be a father to the child, it may be better not to pursue this matter.
6.5.2. Will I have to pay before getting paternity test results? (2001-10-28)
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? (1999-07-28)
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? (2001-10-28)
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? (2001-10-28)
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.
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