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: 33315
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

Hi under the 1993 CSA scheme should the care allowance to my

Customer Question

Hi under the 1993 CSA scheme should the care allowance to my ex wife have been reduces by 25% when my daughter reached 11 years of age a further 25 % at the age of 14 and no care allowance charged at the age of 16. I have never been reassessed during the entire case. As I understand the position from CSA 2024 leaflet the care allowance is an additional charge made to the parent caring for the child and is not part of the maintenance required. I have requested a breakdown of the charges from the CSA however from my quick mental arithmetic this could amount to approx. £4200 do I have a case for maladministration.

Thanks for your time.

Kind Regards

Leon
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question I will do my best to assist but I need some further information first.
When was the CSA assessment first made?
Claire
Customer: replied 3 years ago.

The initial assessment was made in 2001 so I fall under the 1993 scheme.


Just a little additional information. I have had no contact with my ex wife or my daughter for many years. My daughter was 19 on the 16 Feb 2013, so I asked the CSA why I was still being charged in March 2013 as I had expected this to stop on her 19th birthday. The reply I got took two weeks to receive and I was told that the case was being closed effective from August 2012. it seems that Melissa finished further education and stopped receiving child benefit last year but somehow I was not informed and my payment were not stopped. I am currently waiting to find out when I will receive the excess payments credited back to my account. This is when I decided to find out if there had been any other administration errors. I have No arrears and have paid all that has been asked of me by direct debit.


 


Thanks


 


Leon


 

Expert:  Clare replied 3 years ago.
Hi
Has your income gone up in that period?
Claire
Customer: replied 3 years ago.
Yes my income has gone up over this period
Expert:  Clare replied 3 years ago.
Hi
The original CSA calculations were very complex.
The "allowance" that you refer to does not amount to a payment that you were directly making to your ex but to a part of the calculation of how much she needed to have to maintain herself and the child which formed part of the "needs" calculation.
This was indeed meant to reduce over the years - but then again your income available increased over the same years and that should also have formed part of the calculation.
The risk you run is that if you ask for a re-assessment base don the first issue they will also do it on your income....
You have this leaflet I think
http:[email protected][email protected][email protected]/documents/digitalasset/dg_198872.pdf
But you can also find information here
http://www.nacsa.co.uk/
I hope that this is of assistance, please ask if you need further clarification
Claire
Customer: replied 3 years ago.


Hi Claire


 


Thanks for the information you have confirmed just about what I understood from reading the 1993 rules for calculating the maintenance requirements for my daughter. The CSA systems should have reduced the care allowance that was collected from me and reassessed both my income and changed circumstances (Protected income) as well as the changed circumstances of my ex wife. Obviously this was not done. Under the rules of the CSA retrospective claims are not allowed. I will write to the CSA again asking why there procedures were not adhered to depending on there response I will decide whether or not to try and claim the money back as they have clearly not followed their own procedures (Maladministration as it is defined in the publications)


 


Thanks for your help


 


Kind regards


 


Leon

Expert:  Clare replied 3 years ago.
Hi
I am afraid that if you ask for the reassessment based on the allowance error then there can be a full reassessment based on your income something you may wish to bear in mind
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