CSA wants to take our tax credits as my partner doesn’t work

June 15, 2012

I hope this isn’t too long winded for you but want to give you as much info as possible. When I met my current partner he was unemployed. He has children who live with their mother. He eventually moved in to my home. Shortly afterwards he received a letter from the CSA asking for his income details. We returned the form showing he had no earned income.

A number of weeks passed when we received letter from the CSA advising us of our maintenance payments! When he rang the CSA they advised him that they had based the maintenance calculation on the child tax credit which was being paid in my name.

They informed us that this was a “household income” and they were allowed to use the tax credit. We informed them that this information had been gathered without our knowledge or consent (they probably don’t need out consent!) their reply was that we did not supply this info when asked….they never asked for my income at any point in the stage and was not listed on his income form either. My tax credit is made up by a disability element & severe disability element for my child, I asked if they should deduct these elements before any calculations were made, they said no they were using the whole tax credit.

I found out we could apply for a variation for my disabled child, they agreed that they would accept that additional costs incurred were £25.00 per week, when they set out the new payment schedule, it had been reduced by £3.00 per week (what happened to the 25.00 they agreed???) They have been taking the tax credits for 2 years now. My partner has been working full time for the past year now. We contacted the CSA straight away and advised them of this. We supplied all wage slips etc… they have added his wages to the tax credits which now means a much higher weekly maintenance payment. I rang the CSA to query this, I though that as my partner now has his “own” income they would stop using the tax credits, this is not the case!

I have contacted the CSA several under psuedonames to find out info on “new claims” and everyone I have spoken to has categorically stated they only use “earned income from the NRP” to base the calculation. I have written/emailed and phoned more times than I care to remember for clarification and a breakdown but to no avail !!!!

Does anyone please have any ideas or knowledge which may help….thank you


  • chall says:


    Currently all CTC paid to a household are deemed the income of the NRP.

    Any children living in the non resident parents household are deemed relevant others and the NRP should notify the agency of such. A reduction will be applied of 15% for 1, 20% for 2 & 25% for 3 or more, prior to the calculation for the qualifying child/ren being calculated.

    Does your OH have shared care of his children?

    chall ~ afairercsaforall

  • Dawn says:

    I can not understand how the csa can take from my child tax credits my husband works term time only and just makes us £50 wk better off than being on the dole now csa want £45pw he WILL be giving up his job in which he loves, even after 7years ago he handed £17k of his share in property to ex as maintenance via a court order…. CSA said this does not count! …..what 2do ! 🙁

  • Alice says:

    As Chall has advise the Govt have stated that CTC is considered income to the household and can be used as NRP income for MC purposes. If your partner was asked for his income this would cover various income sources not just earned income – examples would be tax credits, rental income from properties, pensions, payments from savings bonds etc, the list can go on and on. If he did not declare tax credits but these were seen by the CSA when confirming he was not in receipt of JSA or IS the case officer would use the information on the system showing the amount of CTC being paid. I would question the inclusion of the disablement element in the CTC , I cannot say 100% that this would be full disregarded, and it would need for you to send in a copy of the Tax Credit award notification.

    If an NRP is working and the household is also in receipt of CTC both will be used as income for MC purposes. You partner will get an allowance off his income before it use to calculate the MC. Equally if his children stay overnight more than 52 nights per year he can apply for a shared care allowance.

    Money from the share of a property is not taken into consideration on an MC – if there is a legal agreement that the NRP will hand over his share of a property on the understanding that the PWC does not claim CM and this is not stuck to then it is a legal issue between NRP and PWC and the NRP would have to take the PWC back to court for breaking the terms of the agreement.

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