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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Dear Sir / Madam, Child Support Law THe NRP, my ex partner

Customer Question

Dear Sir / Madam,
Child Support Law
THe NRP, my ex partner who does not care for my son at all, has just won his case at a recent Tribunal hearing. I would like to appeal that decision as I feel it is wrong in Law.
The NRP every month pays into a Salary Sacrifice scheme out of his wages for the purpose of childcare only i.e. £246 / month is set aside and not taxed. Its a bit like purchasing the Busy Bees childcare vouchers out of £246 tax exempt income.
I have accused the NRP of purposely reducing his assessible income for his own benefit.
THe Chairman has decided that this £246 should not be included in his assessable income.
I believe this decision is wrong in Law as childcare costs are part of normal household expenditure and also under new CSA laws, both parents i.e. NRP and his new spouse are responsible for their childcare provision.
Please can you lead me to CSA cases where claims for childcare costs have been disallowed.
I see that £246 is a significant figure to be added to the assessible income but the Chairman believes it is not. THe Secretary of State is on my side too.
Regards,
LIndsay
Submitted: 2 years ago.
Category: 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.
I assume that this childcare id for a subsequent child - not yours?
Clare
Customer: replied 2 years ago.

HI Claire,
Yes, the childcare costs of £246 are for two subsequent children from his new marriage. His new spouse also works fulltime

Regards,

LIndsay

Expert:  Clare replied 2 years ago.
Hi
How much does he earn?
Clare
Customer: replied 2 years ago.

Hi Clare

All I know is the net income per month is £3230 with the salary sacrifice (for childcare), pension, tax and NI taken off.

Regards,

LIndsay

Expert:  Clare replied 2 years ago.
Hi
For clarity - the amount in issue is £31.36 a month?
Clare
Customer: replied 2 years ago.

Hi Clare,

The amount of the salary sacrifice is £246 a month

Regards,

LIndsay

Expert:  Clare replied 2 years ago.
Hi
I appreciate this but your claim on it would be £29.52 a month - do you agree?
Clare
Customer: replied 2 years ago.

Hi Claire,

My original email asked for historical cases to back up my case that the salary sacrifice should be included in the assessible income

I agree that £29.52 is correct but I am looking for back up in Law why I have a right to this money back dated to 2007 (which is just over £2400)

Expert:  Clare replied 2 years ago.
Hi
Ok
I will take steps to trace what there is - it will take a little while
Clare
Customer: replied 2 years ago.

Hi Claire,

Thank you and I realise that

Kind Regards,

LIndsay

Expert:  Clare replied 2 years ago.
Hi Lindsay
can I ask that you send me a reminder tomorrow evening - that will bring your question back into my list!
Clare
Customer: replied 2 years ago.

Hi Claire,

Yes I will

Many thanks

Regards,

Lindsay

Expert:  Clare replied 2 years ago.
x
Customer: replied 2 years ago.

Hi Clare,

A gentle reminder

Regards,

LIndsay

Expert:  Clare replied 2 years ago.
Hi Lindsay
I have a minion (aka researcher) on this - will report as soon as i can - it is an interesting point and I do not understand the result!
Clare
Customer: replied 2 years ago.

Thanks Claire,

Do you need anymore information from me?

Regards,

Lindsay

Expert:  Clare replied 2 years ago.
Hi
Not yet - although I may do so once I have the case links
Clare
Customer: replied 2 years ago.

Hi Claire,

Do you have the cases for me yet?

Regards,

LIndsay

Expert:  Clare replied 2 years ago.
Hi
Still searching
i have actually sent an email to a friend who sits on the Tribunal!
Clare
Customer: replied 2 years ago.

Thanks Claire,

Will I have the information by 24th Nov

Regards,

Lindsay

Customer: replied 2 years ago.

Hi Claire,

I've now reached my deadlline and have to draft a response by Wed at the very latest.

Please can you tell me if you can provide me with the list of cases by this date

Regards,

LIndsay

Expert:  Clare replied 2 years ago.
Hi
The problem is not what the Salary Sacrifice is used for it is the fact that the Child Care costs are being covered in this way.
So whilst Child Care expenses can NOT be deducted from income - a Salary sacrifice - whatever it is for can be.
Since no one (not even the Tribunal Judge) could help me I have been work through all the recorded appeals on the website here
http://www.bailii.org/uk/cases/UKUT/AAC/2014/
from 2006 onwards (that is when Salary sacrifice was introduced)
However I can find none where this has been the issue
I am sorry
Clare

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