CSA advice forum

CSA advice forum » Child Support Agency

1. madchip
   Member
   
   

   can anyone help me the csa are taking money from my bank account without a court order.
   my son was at college for 1 day a week doing an electrical installation coarse.
   never got a sponsor for apprenticeship so i was under the impression that i would not have to pay maintenance for him as he was at college for less than 12 hrs a week.to help him out i let him come to work with me. no the csa are chasing me for arrears incurred while he was at college from the age of 16 to 18 and have started taking money from my account.the csa have phoned me a couple of times asking me to make a payment but i refused and told them that i did not believe that i that i had to pay them but was told that as my ex was claiming child bebefit for my son that i would have to pay the arrears is this correct?

   Posted 2 months ago #

2. mr.pink
   Member
   
   

   From Section 55 of the Child Support Act 1991:

   55 Meaning of “child”.

   (b)he is under the age of 19 and receiving full-time education (which is not advanced education)— (Not higher than A level standard).
   (i)by attendance at a recognised educational establishment; or .
   (ii)elsewhere, if the education is recognised by the Secretary of State;

   “recognised educational establishment” means an establishment recognised by the Secretary of State for the purposes of this section as being, or as comparable to, a university, college or school.

   I would look at where the child is receiving his education, is it at a recognised educational establishment and whether he attends at least 12 hours of tuition a week, the threshold of being classed as 'full-time'. According to this definition, an apprenticeship does not qualify as it is actually on-site training.

   The CSA can do what they like, although you may have signed a Direct Debit order without realising it.

   You need to write to them to establish the how the arrears have accrued, ask for an Account Statement. This will show how they calculated the arrears and the payments you have made. You have to challenge the CSA, write a letter of Complaint to ensure your case is reviewed. If ywhat you say is correct then maintenance is not due for the period in question.

   Posted 2 months ago #

3. madchip
   Member
   
   

   mr pink
   thank you so much for your advice
   can would you advice contact via email. my son was at a college doing a nvq in electrical installation. I was told by both the csa and the child benefit people that
   he only had to be enrolled at college and the did not care if he even attended or not surely they should have to investigate before they get any enforcement order?

   Posted 2 months ago #

4. mr.pink
   Member
   
   

   You're right, it doesn't matter if he attends classes, as long as he enrolled on a course of minimum 12 hours (I think) of face to face teaching. You might find that the NVQ is only 8hours - phone the college or look on their web site.
   I didn't know that you could contact the CSA by e-mail. The important thing is keeping a record of what you are being advised.

   Posted 2 months ago #

5. mr.pink
   Member
   
   

   If the CSA are taking money from your account without advising you, you can contact your Bank and insit the money is refunded.They won't like it but are obliged.

   Posted 2 months ago #

RSS feed for this topic

Reply

You must log in to post.