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My son was 19 in October last year and left full time education in June last year. i was making maintenance payments through the CSA and these should have ceased when he left college but his mother failed to notify the CSA and I continued to make payments until September 2013. The CSA refunded me an overpayment of approx £1000 and advised me that my case was closed. My son subsequently sought employment and got a job as a trainee chef. He had been working up to 56 hours a week.
At the end of February I received a demand for maintenance payments from the child maintenance service as a result of my ex wife claiming child benefit.She has told them that my son has returned to full time education. I believe that she is not entitled to make this claim for child benefit as I do not believe he has returned to full time education and even if he has he had not registered for any courses prior to his 19th birthday last October.
It is my understanding that as my son had not registered, enrolled or started a full time educational course on or before his 19th birthday that his mother is not entitled to claim child benefit and as a result I would not be liable for Child Maintenance payments. They have already started taking monthly payments directly from my wages via an attachment of earnings order. I have asked the Child Maintenance Service to carry out a mandatory reconsideration and I am awaiting their response.
Can anyone advise if I am liable to make these payments and has anyone had any success in challenging the Child Maintenance Service. I am absolutely amazed that the child benefit office have accepted her claim on face value without demanding to see documentary proof of when my son is alleged to have enrolled on the course. Please help !
Yes you are correct
This is the trouble NRP are facing now, the PWC is still claiming child benefit when they shouldn't
I would report her to benefit fraud firstly, although people have done this and nothing comes of it !!
I haven't heard of any success stories yet in this situation, I know a lot of people also get their local MP involved
It's very wrong CB should follow up any reports of fraud
You could inform your ex that unless she withdraws the claim within 14 days, you will be reporting her for fraud - that might make her stop claiming.
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