Frequently Asked Questions
From October 27th 2008, Child Maintenance and Enforcement Commission (CMEC) replaced the CSA. For the time being there is very little difference to be noted, but the matter of child support is now the responsibility of the Commission, rather than the Child Support Agency. To limit confusion, we have referred to CSA in questions, and CMEC in our responses.
I cannot afford the CSA demands, what can I do?
You must always check your assessments for accuracy, paying particular attention to the income recorded, and for old rules cases, the level of housing costs that have been allowed. If there is information that you believe to be incorrect you should raise this to CMEC immediately, or submit an application for appeal if appropriate. Subscribers to NACSA can have all assessments checked. If the assessment is correct, you are legally bound to pay that amount until such a time as your circumstances change.
CMEC is now undergoing a very intense debt recovery drive, and negotiations are non existent. Failure to pay at the levels demanded is almost certainly going to result in enforcement action being taken. As such, it is essential that any alleged debt is verified as being correct. Liability orders are now a regular occurrence, but may not always be justified. Courts are not empowered to intervene in the calculation of maintenance but do have a legal obligation to ensure that there is no miscarriage of justice by granting an order against debt that is not accurate. Subscribers to NACSA will gain the appropriate support to work through the various assessments and verify the alleged debt total being pursued in court, and if necessary help prepare sufficient defense against the order being granted.
What if my Circumstances Change?
From April 2008 there is now a legal obligation for the NRP to notify the Agency of a change of employer or employment status ONLY IF there is a Deduction from Earnings Order in place. The NRP is also now legally obliged to notify the agency of a change of address. These changes must be reported within 7 days of the change occurring.
The PWC has a number of changes that must be reported immediately, most of which reflect a situation where a child is no longer eligible for child support.
Changes to the assessment can only be considered upon notification or request – they cannot be backdated. A change of circumstances needs to be reported by the NRP/PWC directly – not from a third party (unless registered as an authorized representative).
A change to the assessment will only take effect if the overall amount alters by more than £10 per week, unless the payment made is via the protected income section of the formula.
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. I f need be, the PWC must follow the Complaints Procedure, and having your local MP involved can also help to speed up the process of completing the application to the point of payment. If an assessment has been made, the PWC will need to maintain pressure on the agency to pursue appropriate enforcement action if payment is not forthcoming. However, from experience – non payment is not always through the NRPs non compliance, but from lost payments within the CS system. If communication is possible – and payments are not being forwarded to you, check with the NRP to establish if payment is being made. Subscribers can gain more case specific advice from our advisers.
The NRP was assessed, but I don't receive any money.
Even though CMEC have extensive powers of debt recovery, from experience we find many cases where the NRP is a truly errant party, CMEC can be very hesitant to pursue the case. Pursuing an errant NRP can be time consuming, and with the workload staff have to bear, time is not on their side! The onus thus lies upon the PWC to progress any enforcement. Keep pressure on CMEC to ensure that they follow the appropriate steps for a smooth process of enforcement action. If necessary, the PWC should consider applying for compensation or advance payment for the shortfall in maintenance from the date of application to the date the assessment became effective. The enforcement powers of CMEC are set to increase by April 2009.
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, or if necessary raise a complaint through the complaints procedure.
When will existing cases transfer to CS2?
Now that CMEC has taken over the CSA, plans to migrate existing old rules (CS1) cases to CS2 are no longer being considered as they were originally intended. However, whilst there are no confirmed details at the time of writing, it’s a possibility that old rules cases will move to CS2 in preparation for the conversion to gross income calculation under CMEC rules – due to be introduced by 2011-2013.
A CS1 can migrate to CS2 if it is linked to a new application, i.e. if the PWC makes a new claim against another NRP or a new PWC makes a new claim against the NRP.
The CSA have contacted me, what should I do?
Delaying the forms will not make this situation disappear. Burying your head in the sand can be costly. Complete the forms sent to you providing information as requested – you are legally required to supply information about yourself in order that CMEC can calculate the appropriate maintenance. If you need assistance email
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.
From October 27th 2008 all cases, including those where the PWC is in receipt of benefit, has the right to make a private arrangement for child support payments. CMEC no longer has to be involved.
From experience, we find cases are far more successful and amicable if there is sufficient trust from both parties to arrange a private maintenance agreement. You do not necessarily need to involve solicitors for this, but it is important to communicate responsibly to arrange the most appropriate arrangements.
PWCs in receipt of benefit are now entitled to keep all of the maintenance paid without it affecting their benefits, including housing benefits or tax credits.
I am unsure what system my case is assessed under.
If the application for Child Support was made after 3rd March 2003 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 MEF 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.
If your case was originally calculated on the old rules system, but you were then linked to an application made after 3rd March 03, your old rules case will also migrate to the new rules system, although a program of phasing will be applied to the payments. Phasing lasts for a maximum of 5 years.
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, and non subscribers can use our Assessment Check service for a nominal fee (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.
CMEC, when introduced will follow a similar calculation process to CS2, but will be based on gross income and not net income. The percentages will be slightly lower than those used for CS2.
What rates will apply for CS2?
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. CMEC legislation is set to increase the age of a qualifying child to 20 years, providing that child is still in full time further education.
There is a termination date applicable from the date the child leaves education. The termination date can be a few weeks after the child has left school.
Do the CSA have to be involved?
As from October 27th 2008 – CMEC is no longer a compulsory element of claiming a benefit. Hence a couple is now perfectly entitled to make their own arrangements for child support.
PWCs in receipt of benefit are now entitled to keep all maintenance paid without it affecting her benefits, including her housing benefits or tax credits.
Does my partner have to provide details?
Under CS1, CMEC may ask for the details of the NRP partner, but he/she 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 for clarity.
Under CS2 and the new CMEC system, no details about the partner should be requested. The calculation is based purely on the income and circumstances of the NRP.
Are my step-children taken into account?
Under CS1 step-children are considered only in the Protected Income section. In many cases the NRP will not pay under Protected Income section, so in general step children are not relevant within the calculation.
Under CS2 rules, all children in the current family are considered. The same will apply for CMEC.
Does the CSA take into account my tax credits?
Under CS1 – working tax credit (WTC) is considered as income for the NRP, unless the NRP and NRPP earn equal amounts, in which case only 50% of the tax credits is considered income. If the 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.
Under CS2 – working tax credit is calculated as with CS1 cases, but child tax credits are included in full.
What is Exempt Income?
Exempt Income is relevant only in CS1 cases, and is a combination of allowances that are disregarded from the net income. Exempt income in general includes personal allowance, child allowances if applicable, housing costs, travel to work cost if applicable. Further allowances may be added under certain circumstances. The exempt income amount will set the level of income that has to be left in the NRPs wage if a DEO is in place on CS1 cases.
What is the Protected Income?
Protected Income is relevant only in CS1 cases, and 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 if the PWC makes a new application against another NRP. Note: migration will have a phasing program applied. The PWC may also close the existing case for a period of 13 weeks, and then reapply to the CS2 system. This would be treated as a new application and no phasing is applied.
What is phasing?
Phasing is the program which allows both the NRP and the PWC to adjust to their new liabilities from a CS1 calculation to a CS2 calculation. 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 new financial commitments, 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. For further information please email
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I have received my assessment. How do I pay?
CMEC are trying to phase out all methods of payments other than Direct Debit or Deduction from Earnings Order. We still recommend that parents opt for Standing Order where possible to prevent CMEC from taking amounts that they see fit. However, it is crucial that ANY mandate set up, has CHILD SUPPORT stated as the reference.
CMEC will impose a DEO without any real consideration of the facts of the case. They should only be imposed if there is evidence of one or more payments being missed, but in reality they impose a DEO even if there is no justification in doing so. Removal of a DEO is difficult, so best to avoid if possible.
You also have the option of paying “Maintenance Direct”, which allows PWC and NRP to make their own arrangement for payment even though CMEC are still involved. CMEC will still assess the liability for maintenance but parents are then free to make their own arrangements for the regularity, method and even amount of payment made. If Maintenance Direct is in place, CMEC will not enforce any shortfall/overpayment made during that period. It is important that you gain receipts for these payments, either by signed receipt, or marked standing order mandates.
Note: Make sure any payment made directly to CMEC carries your CMEC reference number and/or National Insurance number.
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.
Access has to be overnight and at the same address as the NRP. If shared care is relevant, a reduction in maintenance will be appropriate
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?
Payments made during the period of processing the application, will ultimately limit any arrears accruing on your account. If you continue to make voluntary payments it is vital to keep a written record of any payment made to the PWC. You must not only be able to prove payment was made, but that the payment was for child support. If possible you should gain signed receipts from the PWC. As and when your assessment is finalised you will need evidence to prove that payments were being made for child support. CMEC will always check this with the PWC for agreement, but if you have sufficient proof, you should have these payments offset against any debt that has accrued.
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