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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My son started a paid apprenticeship in Oct 2013, since that

Resolved Question:

My son started a paid apprenticeship in Oct 2013, since that date I expected my payments to his father for child maintenance to stop. The child benefit looked into this and stated the payments should continue until march this year, I have tried to contact the CSA and Child benefit but say due to data protection they cannot give me any information. I do understand about data protection but when I am being asked to pay I would like some sort of explanation as to why. I cannot seem to get any further . both agencies keep saying ask the other, there does not seem to be a complaints procedure where I can take this further. I am now completely frustrated in where I go from here.
Your advise would be appreciated
Marissa
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was your son in college for more than 12 hours a week during this time?
Have the payments now stopped?
Clare
Customer: replied 2 years ago.

Hi,

he attended college one day a week, this has now stopped as he completed the course early. I suppose this would work out to be 8 hrs per week. Since he started the apprenticeship in Oct 2013 he received a wage , with two increases since then.

I stopped the payments in Jan 2014 while it was being investigated, but as stated they have said that Child benefit have continued to pay until March therefore i need to pay the difference. I did make contact with Child benefit and report fraud, but again they will give me no answers.

Expert:  Clare replied 2 years ago.
Hi
Do you know what the course was called?
Clare
Customer: replied 2 years ago.

it was a welding and fabrication course accessed through a skills group called Apprenticeships 4 you. Plymouth based.

Expert:  Clare replied 2 years ago.
Hi
I suspect that in fact the course that he did was more than 12 hours a week and your ex was therefore entitled to receive the Child Maintenance - and accordingly you were indeed liable for the Child Maintenance
Obviously I can only surmise that - but the timing is likely since March is an unusual time for Maintenance to stop otherwise.
This is also likely given that you say that it was investigated last October AND you have reported a possible fraud - which will have been investigated.
However I do understand your frustration so I suggest a formal LETTER (never deal with them on the phone) asking for confirmation in writing that your ex was still entitled to receive Child Benefot until March of this year.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi,

I did send a formal letter but got no response, my main question was is there a way around data protection, if i have to pay then i will but would like to know exactly why before i do.

Marissa

Expert:  Clare replied 2 years ago.
Hi
If you didi not get a response then make a formal complaint - and follow the process up to the full extent - it is in fact the only way around the problem
Clare
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