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Please help CSA tri...
 
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[Solved] Please help CSA tribunal ruling!

 
(@Dadoftwo)
Active Member Registered

Please can someone help me to point out where it says in law when the CSA payments stop when a child receives income support for themselves and child benefit stops. We have lost our appeal because there is no legislation that supports our case to stop child support Maintenance being paid when my daughter has a child of her own and she is a parent with care for her own daughter. Child benefit is exempt and had to be paid back by my ex wife. My daughter claims income support , child tax credits and care to learn for her own daughter and my ex wife earns more than I do and is exempt from claiming child benefit. My ex wife takes rent from my daughter and her income is too high to claim any benefits. I have my son living with me and a residence order, but my daughter lives at home with her mother, we are divorced over 9 years ago and my wife kept and lived in the house which she sold less than a year later for a clear profit of £90,000. We had an agreement in court where I paid child support to her, but 12 months later she went to the CSA and was paid less money through them, but it has been financially crippling. I paid CSA payments for both children up until my son came to live with me four years ago. We are struggling financially as my new wife's health has suffered and has not been able to work, the only benefit we do claim is child benefit for my son. The tribunal has just ruled that there is nothing in child support legislation to support our case regarding any rules relating to the child being in receipt of income support precludes an award of child support as my daughter is studying Asa levels at college and still 18 years old the judge ruled that she is still a qualifying child for the purposes of child support agency. There is no child benefit anymore for my daughter but the CSA have ruled I still have to pay the CSA payments, even though my daughter is supported by her own benefits. The web page on gov.uk and hmrc we pages state that CSA payments stop when a child claims income support for themselves. Please does anyone know where we can find a legal document in legislation that supports this? We would be happy to support my daughter directly but the mother is taking the daughters benefits from her as rent and this seems greedy and unfair to my daughter when my ex wife's income is over seventy thousand pounds and would not qualify to receive benefits. We are stuck in a legal loophole and it also looks like there is possible benefit fraud going on. In the meantime we have one month to appeal, but cannot find the legislation to support our case. We have provided all the legislation to show there is no qualifying child. But the CSA state that they have applied the section 55 rules of the child support act 1991 and child support maintenance regulations procedure regulations 1992 and that it does not matter that child benefit is not in receipt to the mother and the child is a qualifying child is still in approved non advanced education and under 20 living in the home of the mother. But surely this would open the flood gates to all the teenage daughters who are themselves mothers and a parent with care to claim thousands of pounds in benefits when they live with their mother who is a high income earner. Isn't this defeating the point of giving benefits to those who genuinely need them. We cannot afford a solicitor and tried for nearly a year to fight this at appeal, but this was the result. Please can anyone help?Thank you 😮

Quote
Topic starter Posted : 12/04/2014 6:41 pm
(@Huxley)
Reputable Member Registered

I've come across some legislation regarding children having children of their own, give me a while and I will try and find it again

ReplyQuote
Posted : 12/04/2014 6:44 pm
(@Huxley)
Reputable Member Registered

I see section 55 they are referring too

Have a look through all of these, there maybe something in there
http://www.legislation.gov.uk/title/child%20support%20act?page=1

I think they are being contradictory, as they always state CSA ends when CB ends but know it's a different story in your case and I can understand what your saying

I know a lady that could help you but she is on holiday at the moment, I think, PM me

ReplyQuote
Posted : 12/04/2014 6:57 pm
(@Dadoftwo)
Active Member Registered

Dear Huxley,
Thank you for your reply. We really appreciate any help. My daughter was excluded from child benefit in January 2012. We felt this precluded an award of child support. The CSA stated that it did not matter that child benefit was no longer being paid and that the only thing that mattered was that the child was still a child because she was living in the same home as my ex wife and that she was in non advanced education. There fore she still satisfied the meaning of a child. We quoted point 2 and 3 of the 1992 amendment to the child support legislation both had to apply. But again they said child benefit was not important. So we quoted legislation relating to social security benefits work and pensions regulations. Their words in the decision notice stated that they could find nothing in the child support agency legislation which leads them to conclude that the child who is in receipt of income support for her own child precludes an award of child support, so they found that it does. So until we find a piece of legislation that supports the gov.uk web page stating when child Maintenance stops under exemptions... We are lost and exhausted, we have lost every single weekend for nearly a year trying to fight this. We have continued to pay the Maintenance and have stuck to the rules, but cannot fathom out why this web page exists https://www.gov.uk/when-child-maintenance-payments-stop. We really would appreciate some help. Thanks again

ReplyQuote
Topic starter Posted : 12/04/2014 8:43 pm
(@Huxley)
Reputable Member Registered

PM'd you

ReplyQuote
Posted : 12/04/2014 10:21 pm
(@Child Maintenance Consultant)
Noble Member Registered

Hi Dadoftwo

Thank you for your post. I am William the Child Maintenance Options consultant. We are unable to comment on Child Support Agency (CSA) cases as we a separate organisation and do not have access to your case information.

If you have any questions relating to child maintenance legislation and your case, you may wish to seek legal advice. If you do not have access to a solicitor, you may wish to contact the Citizens Advice Bureau as they can provide information on legal topics. Their contact details can be found on their website at http://www.adviceguide.org.uk.

If you have any queries relating to your case, you may wish to contact the Child Support Agency (CSA) directly. You can find their contact details on any letters that you may have received, or by visiting Gov.uk at https://www.gov.uk/child-support-agency.

For more information on the ways to set up child maintenance, please visit our website at http://www.cmoptions.org. Alternatively, you can call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on a Saturday. We have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.

Regards

William

ReplyQuote
Posted : 06/05/2014 6:37 pm
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