How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33305
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My son cannot work due to a stroke a year ago, I am looking

Customer Question

My son cannot work due to a stroke a year ago, I am looking after his finance, he gets help with his rent from his local council all other income is from benefits.
Should he be paying £161.00 a month for his daughter when he does not even see her.

D.rapley
[email protected]
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
For clarity is this a CSA assessment and what income does your son have?
Claire
Customer: replied 3 years ago.


Thank you for responding,


Income per month is M.V.D.C. £641.00


D.L.A £392.00


D.W.P. £288.00


-------------


£1331.00


 


 


Outgoing Rent £695.00


C.S.A. £161.33


Food £200.00


-------------


£1056.33


 


Money has to be found for Gas, Electricity, Water, replacement clothing/shoe's etc.


 


Regards XXXXX XXXXX Derek Rapley

Customer: replied 3 years ago.


Thank you for responding,


Income per month is M.V.D.C. £641.00


D.L.A £392.00


D.W.P. £288.00


-------------


£1331.00


 


 


Outgoing Rent £695.00


C.S.A. £161.33


Food £200.00


-------------


£1056.33


 


Money has to be found for Gas, Electricity, Water, replacement clothing/shoe's etc.


 


Regards XXXXX XXXXX Derek Rapley


 

Expert:  Clare replied 3 years ago.
Hi
Has he applied for Housing Benefit at all?
Claire
Customer: replied 3 years ago.


Housing benefit he receives is from Mole Valley District Council £641.00


 


Derek.R

Expert:  Clare replied 3 years ago.
Hi
When was the last CSA assessment?
Claire
Customer: replied 3 years ago.


Last CSA assessment dated 25/02/13.


 


What I am trying find out, as he is not able to work because his memory is poor and only receives benefits should he be paying this sum of money and if not how do I get them to listen to me or what action should I take.


 


I will check for your response tomorrow closing down for tonight


 


Thanking you Derek.R

Expert:  Clare replied 3 years ago.
Hi
I cannot work out how the assessment is so high given those figures.
The Housing Benefit is not Income for CSA purposes - have they included it as such?
Claire
Customer: replied 3 years ago.


Hello Claire


 


I believe my son offered a higher payment when he is was able to work,


I have tried to negotiate with them by mail and they did eventually phone me and said they cannot deal with this with me.


I explained his circumstances but they did not want to know, I tried to get power of attorney this got turned down.


I do have full control of his banking as he cannot manage his finance's so you can see why I am worried as to where his money is going .


He never see's his daughter unless by chance when he is taken shopping.


He does have Solicitor on legal aid and I have asked for his help but I do not get a proper response and no action .


What I would like to know should I stop the payments and force them to talk to me or is there another route I can take.


Derek.R

Expert:  Clare replied 3 years ago.
Hi
I have to ask - can your son sign things?
Claire
Customer: replied 3 years ago.


Hello


He can sign If it is explained to him.


Derek.R

Expert:  Clare replied 3 years ago.
Hi
Just for clarity (and to make sure what I say is useful in some way) Which benefit doe she receive via the DWP?
Claire
Customer: replied 3 years ago.


Hi Claire


I do not know, and my son would not either.


Sorry this is not helping you


Derek.R

Customer: replied 3 years ago.


Claire


I should have said she has cut off from David and will not discuss any thing which does make things very awkward.


Derek.R

Expert:  Clare replied 3 years ago.
Hi
Hi my apologies - that should have read what benefit does he (your son) receive?
Claire
Customer: replied 3 years ago.


Claire


 


He gets D.L.A £392.00 Monthly



D.W.P £288.00 Fortnightly


 


Derek.R

Expert:  Clare replied 3 years ago.
Hi
What is the name of the benefit being paid by the DWP?
Claire
Customer: replied 3 years ago.


Claire


payment is made from Employment and Support Allowance


 


Derek.R

Expert:  Clare replied 3 years ago.
Hi
Then your son should only be paying the Flat rate of £5 per week UNLESS there are accrued arrears.
I suggest that you write in your son's name to the CSA and send copies of the letter confirming receipt of ESA and asking for a re-assessment on that basis.
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33305
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.


Claire


 


Thank you for the time you have given to us we will follow your advice and see what happens.


 


Once again many thanks


Derek.R

Expert:  Clare replied 3 years ago.
Hi
Do not accept a refusal - keep going up the process - writing letters that your son signs!
Claire
Customer: replied 3 years ago.


Claire


 


Should we stop the payments until this is sorted !! or do you think this would aggravate .


 


Derek

Expert:  Clare replied 3 years ago.
Hi
Are there any arrears involved?
Claire
Customer: replied 3 years ago.


Claire


I do not know, being a third party is not easy and as I said I do not want to get on the wrong side ,I will abide by your advice


Derek

Expert:  Clare replied 3 years ago.
Hi
Do any of the letters refer to arrears at all?
Claire
Customer: replied 3 years ago.


Claire


Checking on the paperwork it shows 4 payments of £17.33 and one of £6.00.in the arrears column.


1x£17.33 has been paid in February.


arrears should be clear by June 2013


 


Derek

Expert:  Clare replied 3 years ago.
Hi
How much are the arrears in total?
Claire
Customer: replied 3 years ago.


I make it 3x£17.00 = £51.99


1x£6.00 = £ 6.00


------------


£57.99


 


Derek

Expert:  Clare replied 3 years ago.
Hi
Since it appears there are arrears then I would pay it for a further two months - if you have heard nothing by then in response to the appeal then reduce the payments - but keep the balance available just in case
Claire
Customer: replied 3 years ago.


Claire


Many thanks we have enough info to deal with this problem thanks for your help.


Derek

Expert:  Clare replied 3 years ago.
Hi
You are most welcome I hope all goes well
Claire
Customer: replied 3 years ago.


Just one final thing can you clarify what you mean, send copies of the letter confirming receipt of ESA .


 


Derek

Expert:  Clare replied 3 years ago.
Hi
Send a copy of the letter confirming that your son receives ESA to the CSA as evidence that he should be on the flat rate
Claire

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice