Wrongful claiming of CSA money

May 13, 2011

Hi, I am contacting you in regard to my brother’s situation. In 2006, his wife claimed for CSA, for his two children. This may be correct if he had been an absent father, but he was not! He was at home working to pay the mortgage, pay the bills and support his wife and family. When he heard that his wife had been falsely claiming, not only for CSA.

But also for council tax for the two boys, he contacted the CSA and asked how could his wife claim for something that she was not entitled to, and he was told that only his wife could cancel the claim, not him. He has so far paid out almost £8,000 in CSA, but all the while has been paying for the above bills, plus gas, electric water, clothes, food etc. Surely this cannot be correct that someone can claim falsely for not one but two benefits that they are not entitled to, and for my brother to be told that she has done this legally.

Is there anything that he can do to claim back the money he has already paid, as the CSA do not want to help him? He has called the CSA on several occasions, and even got one of the managers to admit that CSA is for absent parents, not ones who are providing. They they changed the goalposts and say that anyone can claim. He cannot afford at least £200 for solicitors to fight this?

Thanks
Carol, on behalf of my brother

Comments

  • Peter Anderson says:

    First of all, DO NOT SPEAK TO THEM ON THE PHONE.

    When did he first notify them that he was resident with the children and that his wife’s claim was a false claim?

    He must put the matter in writing, and gather together all the evidence he has that he was always living with the children. He then demands that all the money paid be returned or he will take further action against them. The problem is, I assume his wife was falsely claiming benefits, and that this is why he decided to pay the CSA. He has to consider the repercussions of what happens if she is then done for fraudulently claiming benefits.

    If they refuse to act on his demands, then he will have to take the matter further, eg issuing a claim against them and/or referring the case to ICE (Independent Case Examiner), the Parliamentary Ombudsman (via his MP) or a Judicial Review.

    Which ever it is, he needs to document the details of where he and the children have been living and the evidence (mortgage and household bills etc).

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