Can the CSA take our Child Tax Credit?
October 17, 2014
CSA have written to my partner telling him they now want £100 a week out of our joint tax credits allowance as he is between jobs and not on jsa they have obtained details of how much we get a week (paid into my account) from the inland revenue and decided their crazy amount from this.
Prior to starting a relationship I knew he had kids which he was already paying for directly to their mothers. He took them on days out and bought anything that was asked of him. Obviously him paying for the children and having thrm for days out was a good sign. Until SHE found out about me!
Then he was stopped from seeing his kids, she stopped talking to him moved away and so stopped receiving his cash. Then the CSA letter came. They want £100 a week and they want it out of our child tax credit (I have 2 children with him) and that’s before they’ve calculated his “arrears” as we all know that the support in cash and days out he was previously giving will be ignored.
So, can they actually demand we give our tax credit which is for our children? Can I refuse to give them it and if I do can they take any steps to to get that money by other means such as deductions it from my tax credit before paying me. I can’t work as I’m the main carer for my disabled child.
Obviously I agree that his children need the same things as mine do but how can they say his exes children are entitled to more money a week than mine? It just doesn’t seem fair.
They say they can but they can NOT! its on their webpage and paper work that they do not take it and also if you ring HMRC they tell you that CSA can not and if they send any paper work to do so not to fill it out . They well try add that to any money od but you can easier fight that as by LAW THEY CAN NOT ! . tax credit is for the child living in the house hold not anyone out of it .
They can only calculate child maintenance from the date a claim is made by the PWC hence they will ignore any transactions prior to that date.
They will have obtained income details for the last financial year from HMRC and based their calculations on that amount.
If there is no income now you need to write to them recorded delivery with evidence and ask for a reassessment as the the income has changed by more than 25%.
The best evidence of non employment is a JSA claim it also ensures NI is kept up to date.
The CSA cannot touch your partners earnings but they can and will take child tax credits into account. If you phone tax credits they will tell you to speak to a CSA agent the csa will tell you if you have tax credits going into your household they can take it into account.If your unemployed and having no money at all they only take £5 flat rate. If you don’t tell them your getting tax credits paid to you they will back date it and it will put you in arrears. Ask for your DP file (its now free) so you can check if everything is as it should be.
If its a new claim and your going thru cms then no tax credits isn’t taken into account but they take their percentage off your gross wage now instead of your net and you pay 20% of your maintenance extra.
The only way you can pay less out tax credits if you the women is the main earner shocking child tax credits is for a child which ur partners x will also be getting for the child/children along with housing benefit council tax benefit it’s shocking it’s about time the csa look into how the single mother lives before tearing apart a family who genuine claim as a couple
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