| I
cannot afford the CSA demands, what can I do?
A number of assessments made by the CSA are incorrect. You
must always check your assessments for accuracy. Pay particular
attention to the income recorded. Subscribers can request
one of our advisers to check assessments. If however the assessment
is correct, you are legally bound to pay that amount until
such a time as your circumstances change.
What
if my Circumstances Change?
The NRP is not obliged to notify the CSA of any changes, but
certain changes to the PWC's situation must be reported immediately.
Changes to the assessment can only be considered upon notification
and changes cannot be backdated. The assessment will only
take effect if the overall amount alters by more than £10
per week (make this tolerance level exempt under certain conditions).
I
have applied to the CSA, but still receive no money.
Particularly with regards to new applications, the IT system
is not coping under the current workload. Many cases are lost,
'stuck' or just forgotten. It is important that the PWC keeps
in regular contact with the agency to monitor the progress
of your application. If need be, the PWC must follow the Complaints
Procedure. Subscribers can gain more case specific advice
from our advisers.
The
NRP was assessed, but I don't receive any money.
The CSA can be very hesitant to pursue the truly errant NRP
as this can be time consuming. The onus lies upon the PWC
to progress any enforcement. Keep pressure on the CSA, - once
assessment is made the PWC can claim compensation for shortfall
in maintenance from the date of application to the date the
assessment became effective.
The
CSA told me enforcement cannot be taken against the NRP.
There are enforcement measures applicable to all circumstances
so do not accept this statement. Ask to speak to a debt officer.
When
will existing cases transfer to CS2?
With the imminent arrival of CMEC, there are no longer plans
to migrate existing old rules (CS1) cases to CS2. CS1 cases
will remain under old rules until CMEC arrives. A CS1 can
migrate to CS2 if it is linked to a new application, i.e.
if the PWC makes a new claim or a new claim is made against
the NRP.
The
CSA have contacted me, what should I do?
Delaying the forms will not make the CSA disappear. Burying
your head in the sand can be costly. Complete the forms sent
to you providing information as requested. If you need assistance
email enquiries@nacsa.co.uk.
I
am unsure what system my case is assessed under.
CS2 was introduced on 3 March 2003 for new applications only.
Thus if the application for Child Support was made after this
date, your case will be under CS2 rules.
Applications made pre 3 March 2003 will be assessed under
the old rules.
Note: Under old rules, an MAF returned within 28 days would
qualify for 8 'free' weeks. As such if an application was
made after 6 January 2003, and returned within 28 days, your
effective date would be after 3 March 2003 and so would be
calculated under CS2 rules.
What
is the difference between the two systems?
The old system is a complex formula taking into consideration
a variety of information from both PWC and NRP. Subscribers
can ask one of the NACSA advisers to check assessments for
accuracy, non subscribers can use our Assessment Check service
(details on our website).
CS2 rules apply a basic % to the wage of the NRP according
to the number of children in question: 15% - 1 child, 20%
- 2 children or 25% - 3+ children
What
rates will apply?
15% for one child
20% for two children
25% for three or more children.
The same rates are first applied to children living in the
current family.
When
does the CSA end?
A child remains a qualifying child until he/she leaves full
time non-advanced education, OR until he/she has their 19th
birthday. There is a termination date applicable from the
date the child leaves education, which can be a few weeks
after the child has left.
Do
the CSA have to be involved?
A PWC claiming Income Support or income based Job Seekers
Allowance is encouraged to use CSA. However he/she has the
right to opt out of the CSA. He/she will be asked to attend
an interview to find out why he/she opted out. If no good
cause is proven (i.e. PWC and/or child is at risk of harm
or undue distress) the PWC is subjected to reduced benefit
directive. She may also refuse to provide details of the NRP
but this can also lead to a reduction in her benefit.
If the PWC is in receipt of Working Tax Credit, this is not
considered a benefit and as such is free to leave the CSA
at any time.
Does
my partner have to provide details?
The partner of the NRP is under no legal obligation to supply
details about him/herself. In majority of cases the partner
details will not affect the assessment. However, it is not
always in the best interests to withhold details and we would
advise seeking clarification from NACSA advisers, or use our
assessment checking service.
Are
my step-children taken into account?
Under the old rules, step-children are considered only in
the Protected Income section. A majority of cases do not pay
under PI section.
Under CS2 rules, all children in the current family are considered.
Does
the CSA take into account my tax credits?
Under CS1 (old rules) – working tax credit (WTC) is
considered as income for the NRP. If the NRP partner (NRPP)
earns equal income to NRP, only 50% of WTC is included as
income. If NRPP earns more than the NRP, WTC is NOT included.
Child Tax Credit (CTC) is included as income under the protected
income section only. It is disregarded in full in the Exempt
Income Section.
What
is Exempt Income?
Exempt Income is a combination of allowances that are disregarded
from the net income. This exempt income includes personal
allowance, child allowances if applicable, housing costs,
travel to work cost if applicable.
What
is the Protected Income?
Protected Income is a combination of allowances given to ensure
an NRP has sufficient income to support any second family
he/she may have.
How
can I move my case to the new system?
A PWC is able to move an existing case to the new system but
an NRP is unable to voluntarily transfer. Early migration
occurs only if a new application is made against the NRP or
by the PWC against another NRP. Note: migration will have
a phasing program applied.
What
is phasing
Phasing is the program which allows both the NRP and the PWC
to adjust to their new liabilities. The Phasing program is
over a maximum period of five years.
How
will Phasing affect me?
If the NRP earns below £400 per week the amount of CS
will increase or decrease in stages of £5 per week per
year until either the new liability is met or the 5 years
have expired.
If the NRP earns above £400 per week, the amount of
child support will increase or decrease in stages of £10
per week per year until either the new liability is met or
the 5 years have expired.
Note: New applications for child support are not subject to
phasing.
I
have extra expenses, will the CSA take them into account?
Not necessarily. There are a few exceptional expenses that
may be allowed under the Departure Scheme (or Variations on
CS2), but these are limited.
I
have received my assessment. How do I pay?
You can pay maintenance by:
1) Arrange standing order to CSA or PWC direct. Ensure Standing
Order mandate states CHILD SUPPORT.
2) Direct Debit. This allows CSA to take control of money
taken from your bank account, and we would therefore not recommend
this option by choice.
3) DEO: Voluntary – NRP willingly allows maintenance
to be taken from his wages.
Enforced – If NRP fails to pay a DEO can be imposed.
4) Maintenance Direct – this method allows PWC and NRP
to make own arrangements for payment. CSA will still assess
the liability but will leave the arrangements to the parents
directly – ensure receipts are gained.
5) Cheque to either CSA or PWC direct. If paying to CSA ensure
your CSA reference number, or NINO is written on back of cheque.
If paying to PWC – get a receipt.
I am an NRP and have shared care of my child who stays with
me X nights per week. Would this affect my assessment?
Under CS1, for your assessment to be altered, your child must
stay with you 104 nights or more throughout a year.
Under CS2, for your assessment to be altered, your child must
stay with you 52 nights or more throughout a year.I am an
NRP and am waiting for my assessment to be calculated.
Should
I continue to make voluntary payments to the PWC during this
time?
If you continue to make voluntary payments it is vital to
keep a written record of any financial payments to the PWC
for child maintenance payments. It must also state clearly
what the payments are for. If possible you should gain signed
receipts from the PWC as and when your assessment is finalised
you will need evidence to show to the CSA that a sum was paid.
The CSA will always check this back with the PWC for agreement.
Still not sure whether to subscribe?
Then
email your general enquiry now to enquiries@nacsa.co.uk
or write to us at PO Box 4454, Dudley, West Midlands, DY1
9AN.
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