Not earning income but CSA still wants money

November 19, 2012

I lost my job in june 2011 but carried on paying my CSA support as in my view not the kids fault. I did not sign on as the plan was to start up a business with an associate but it would be a year before we could draw any income, formed the company in approx January 2012. I informed the CSA.

I stopped paying the CSA in January as i had run out of funds. Despite having no income the CSA continue to back date my money at the full rate. I resigned from the company in june 2012 because my new wife was moving abroad and they still continue to build up my back pay.

How is this fair when I have not been earning an income ?

Comments

10 Responses to “Not earning income but CSA still wants money”

  1. Carol on November 19th, 2012 7:13 pm

    The CSA have the right to keep an assessment in place. If you had claimed JSA then they would have reduced your assessment.

  2. Alice on November 19th, 2012 10:18 pm

    if you had advised the agency when you stopped working and stated that you were not going to claim benefit then a nil assessment would have been put in place. If you do not advise of a change of circumstances then your last assessment will remain in place.
    it is your responsibility to report any change of circumstances to the CSA within 7 days

  3. chall on November 20th, 2012 8:38 am

    neal,

    Can you confirm – are you disputing the CSA you paid between June 11 – Jan 12 OR the amount that has allegedly become due after you (quote neal) ‘ …formed the company in approx January 2012. I informed the CSA.’ ?

    What exactly did you inform the CSA?
    How did you contact the CSA, in writing or by phone?

    chall ~ afairercsaforall

  4. neal on November 20th, 2012 9:51 am

    Hi I informed them in writing I would not be claiming benefit and that would keep paying my payments as long as possible. I then informed them in writing in January I could no longer make the payments and also informed them that I had started my own business. So in summary it was my decsion to keep supporting my children. Its the from January I am disputing ?

  5. neal on November 20th, 2012 9:55 am

    Also I believe its my duty as the father to provide support for my children and will continue to do so past the age of 19. But when I have never missed a payment in 12 years I would expect they could see this and have a sensible conversation to help me as well as my boys.

  6. Alice on November 20th, 2012 10:18 pm

    as you informed them when you lost your job and advised that you would not be claiming benefit but intended to continue with your payments this would be taken as you requesting that they did not re-assess your case with a nil assessment based on nil income – as such the last maintenance calculation would be left in place and your account would continue to charge weekly by that amount.
    When you then contacted them to state that your circumstances had changed with you starting a new business your case would be re-assessed as an NRP notified change and a new assessment would be needed in respect of your new income. Did you have any income from the business? If so were you self-employed (as in submitting a Self-assessment tax return) or were you paid as a Director under PAYE? If you had any income from the business you will be liable.

    When you resigned in June 2012 did you inform the CSA at that point? How did you support yourself financially since you resigned?

    Respect to yourself that you continued to pay in the period that you had no income and would have been entitled to a nil assessment.

  7. neal on November 21st, 2012 7:09 am

    I informed the csa that had no drawings as a company director and they only asked me to prove I had resigned which I did. I asked them what the correct procedure was and followed this to the tee. I was never given the option to be re assed at that stage. My wife supported us for this period which obviously has been difficult but we have managed so far. It makes you appreciate a lot of things. I hoping I can find a job soon as there is not a day goes by I dont think about my boys.

  8. neal on November 21st, 2012 7:09 am

    I informed the csa that had no drawings or earnings and as a company director, they only asked me to prove I had resigned which I did. I asked them what the correct procedure was and followed this to the tee. I was never given the option to be re assed at that stage. My wife supported us for this period which obviously has been difficult but we have managed so far. It makes you appreciate a lot of things. I hoping I can find a job soon as there is not a day goes by I dont think about my boys.

  9. Alice on November 21st, 2012 4:21 pm

    if you have informed the csa that you are now not working and not claiming benefit then you should currently be entitled to a nil assessment now.

    When you contacted the agency in January to inform them you were starting work with the new company did they ask what you were earning? The agency need to have wage information provided either by the NRP or the NRP employer in order to calculate an assessment.

    Have you received a maintenance calculation letter from them since January? If so what does it say the assessment is based on and what was the weekly maintenance stated? If you have not received a letter you need to contact them and ask what the current maintenance calculation is and when it is effective from.

    If you had told them in Jan you were going to be starting work but not actually earning anything then a nil assessment should have been processed … if this has not happened and your last maintenance calc is still in place then it will continue to charge weekly and this is where the arrears will be accrued from. If this is the case then once a nil assessment is put in place back to January the arrears will self-adjust and you will owe nothing.

    Another possibility is a DMD (Default Maintenance Decision) – this would be put in place if the NRP or NRP employer fails to provide wages information. Clearly you have said you told them you would be working but not earning, but if this was missed by the case worker when checking the file and they sent our a wages enquiry form to the company and did not receive this back then they would put a DMD in place 9£30 for 1 child, £40 for 2 children and £50 for 3 or more children) Again if this was done you would have been issued with a Maintenance Calculation notification. If this is what has happened and you now provide the income details – in your case nil (they might confirm this with the company) then the DMD can be converted and a nil assessment would be put in place, this would be effective back to the same date as the DMD.

    It might also be helpful for you to request a client statement which will show you all charges made on the account and all payments received, this way you will be able to see where the arrears have accrued from.

    Good luck and come back with any further info you get

  10. J. Willis on November 24th, 2012 5:53 pm

    You don’t stop being obligated to support your kids just because you’re a failure. Get a job washing dishes or cleaning up rubbish. Be a man.

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