Taking Money from a Bank Account
Under CSA enforcement options, money can be removed from your bank/building society account under a Deduction Order. This can be imposed as a regular deduction, taking a sum every week/month – or as a lump sum from savings. There is no requirement for CSA to apply to court to impose a Deduction Order, although you do have a right of appeal.
Although the Agency has powers to use these orders against joint accounts, they currently limit them to accounts that are in the sole name of the NRP.
Key Facts :
1. These orders should be used only when the NRP has demonstrated a failure to pay maintenance by any other method.
2. The intention is to use regular Deduction Orders against bank accounts, and lump sum Deduction Orders against building society/savings accounts. CSA has the discretion to decide which type of account will be served with the Deduction Order.
3. There will be appeal rights at various stages of the Deduction Order being served, although there are no specific details about what the appeal rights will include. If they reflect the appeal rights of a Deduction from Earnings Order, then essentially they are futile.
4. The NRP may request a review of the order if circumstances change. CSA have the right to refuse this request although again appeal rights would be offered against that refusal decision.
5. The Deduction Order will continue until any appeal is decided upon
6. “Deduction Orders are expected to play an important role in reducing the number of non resident parents able to evade their responsibilities and in turn reduce the total amount of debt that is owed” It would be welcome news if this was witnessed in reality. It will be interesting to gain feedback from clients as to whether these Deduction Orders are targeted at paying clients rather than being of use to our PWC’s that still receive no money. Time will tell!
7. NRPs will be given the opportunity to discuss alternative payment methods at any time during the process.