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CSA - The New System
Contents
Introduction
The process begins
Variations
Payment
Reviews
Appeals
Complaints/Compensation
When the CSA cannot get involved
Contact Information
How the CSA do it in Australia
You won't believe the difference
Introduction
In 2000 the Government passed legislation setting out a new method for calculating child support. This system was due to begin for NEW clients only in April 2002. This date was delayed due to computer hitches and was finally put back to March 2003.
It is the intention however that new cases will start first on the new system, and when they are running smoothly, the CSA will transfer its existing cases. This is likely to be several months later.
FNF supports the principle that all parents should take financial responsibility for their children. We are concerned, however, that many fathers are prevented from sharing care of their children by the punitive effect on non resident parents of the new child support system.
The new system will operate broadly as follows:
- The NRP will pay a percentage of net income to the parent with care (PWC/residential parent). This is set at 15% for 1 child, 20% for 2 children and 25% for 3 or more children. Net income is your income minus tax, NI contributions and your full pension contributions.
- The income of the PWC will not be taken into account under any circumstances.
- There will be a 1/7th reduction in liability for shared care of more than 52 nights per year, increasing to 1/2 plus £7 for each child the non-resident parent has shared care of for 175 nights or more a year.
- There will be a reduction for second and step families.
- A minimum payment of £5 per week will apply for NRPs on benefits (those who have shared care are exempted from this).
- Those with an income of less than £200 per week will pay reduced rates.
- Those with an income of less than £100 per week will pay a flat rate of £5 per week.
- Tougher penalties for non-payment have been authorised, including confiscation driving licences.
The Process Begins
In most cases, the first thing you will know about your involvement with the CSA will be a phone call or the arrival by post of a Maintenance Enquiry Form (MEF).
You will be asked for your income details, number of children in your current (second) family, including stepchildren, and the number of nights your child stays with you if you have a shared care arrangement.
The CSA will then ask you to verify your income details (eg by sending in 3 wage slips) and will make an assessment of your child support liability.
Variations
Variations are what replace the Departures scheme under the old child support rules (see factsheet 11a). Variations will affect only a small proportion of applications, but are worth applying for if the NRP has:
- High contact costs (including reasonable travel and accommodation costs).
- A child in your current family with a disability.
- Debts incurred before you separated which you need to honour.
- Capital transfer pre-April 1993.
- Mortgage payments on the former matrimonial home in which you have no legal or equitable interest.
- The maintenance element of boarding school fees.
In addition the PWC can apply for a Variation where the NRP:
- Has a lifestyle inconsistent with the declared income.
- Has assets of over £65,000.
- Has diverted income to a business or third party.
- Pays a nil or flat rate but has other income of £100 or more.
Payment
The CSA will encourage you to pay by Direct Debit. You are not obliged to do so. You can pay by whichever means is most convenient to you, as long as your payments are regular and in full. Standing Orders are acceptable and are controlled and reviewed directly by you.
Reviews
If your circumstances change you can ask for a 'Change of Circumstances Review'. In addition, 'case checks' will be carried out approximately every two years. Any change of circumstances can be notified at this time and your liability will be re-assessed, provided that the change is sufficient to exceed what is known as the 'tolerance level' of a set amount.
Appeals
If you calculate that you have been assessed to pay the wrong amount, you can appeal the decision directly with the Child Support Officer, who has the power to correct mistakes. You will need a breakdown of how the assessment was originally calculated and should ask for one in writing immediately.
If you are still not happy with the decision you can further appeal to The Appeals Service (TAS). TAS will deal with the dispute either at an oral hearing (on request) or on the paperwork.
Appeal to the Child Support Commissioner following the Tribunal is possible only on a point of law.
Complaints/Compensation
You can make a complaint to the Independent Case Examiner (ICE) only after seeking redress from your Child Support Officer and the Chief Executive of the CSA (securing a reply from the latter may require the intervention of your Member of Parliament). If you are dissatisfied with the response you may apply to ICE, who will review your case if it fits their criteria.
Compensation for 'maladministration' can be claimed direct from the CSA.
When the CSA cannot get involved
The Agency cannot get involved in certain circumstances. Briefly, these are:
- If the 'child' is 16 or over and not in full time non-advanced ( i.e. university) education.
- If the PWC, NRP or child is not habitually resident in the UK.
- If the named NRP is not the parent of the qualifying child.
- If the PWC is a private client and withdraws her 'authority to act' from the CSA.
- If the PWC claims 'undue distress' (this is where the PWC claims to fear harm (physical or otherwise) from the NRP if he is contacted for child support).
Contact Information
National Association for Child Support Action (NACSA)
PO Box 2977, Kingswinford, DY6 9YS Helpline 0870 2403343
Website: www.nacsa.org.uk
A self-help group providing telephone support via a national network. Established 1993
Child Poverty Action Group (CPAG)
94 White Lion Street, London N1 9PF Tel: 0171 837 7979
Publish the Child Support Handbook (2002/2003, £15.95) - use the tables to calculate your assessment.
Child Support Analysis
Website www.childsupportanalysis.co.uk
Authoritative and up to date website on all matters related to child support. Includes calculator.
Internet Newsgroup: uk.gov.agency.csa
Contributors are (mostly) people affected by the CSA, many of whom offer advice based on personal experience.
Download the FAQ for an accurate guide to the CSA.
Assessment Calculators
There is a calculator for the new procedures on the Child Support Agency website at https://secureonline.dwp.gov.uk/csa/v2/en/calculate-maintenance.asp
Independent Case Examiner (ICE)
P.O. Box 155, Chester CH99 9SA
Telephone: 0151 801 8800
Website: www.ind-case-exam.org.uk
Deal with complaints about delay, error, discourtesy, inconsistency, and the way in which discretion has been exercised by the CSA.
Child Support Agency
National Enquiry Line: 08457 133 133
Website: http://www.csa.gov.uk/