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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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M A Burton Please Email:***@******.*** 's, NACSA

Customer Question

M A Burton
Please Email:***@******.***
Dear Sir's,
NACSA told me the 1992 MASC regulations no longer apply to the new cs3 scheme in my attempt to appeal a decision? Is this true. They also told me it is all now based on the 2012 cs3 child support regulations; unfortunately i cannot find any information / legislation / regulations specifically under the title of 2012cs3.
More over reading the NACSA paperwork it mentions the £7 per week flat rate payment and then underneath a NIL payment to which the end of the sentence says (certain special categories) unfortunately i don’t seem to be able to identify what these certain special categories (exemptions) are, can you please advise me where i can find this relevant information.
As I have done numerous welfare benefit appeal tribunals (HMCTS) and represented myself I have used the BENEFIT’S AND WORK WEBSITE who have also provided a copy of the instruction training manual on how the DWP staff should carry out the way they process claims, and also how medical assessments should be carried out so that claimants can find any irregularities to justify and appeal etc. etc. are there any such internal information available on the issue of child maintenance.
Yours
Mark Burton
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
For clarity do you mean you are looking for the regulations covering CS3?
Is there a specific issue you need to address?
Clare
Customer: replied 1 year ago.

Hi Clare,

The issue in contention is my ex-wife and I made a "family based agreement" that my parents (the grandparents) would provide for the care and welfare of my children due to my long term progressive mental health illness "Bipolar" that has progressively worsened and contributed to our divorce in 2002 due to my erratic uncontrollable violent behaviour. This has prevented me from actively seeking gainful employment since 2007 and indeed causes me to lose several jobs up to 2007. It was in 2007 that i was medically diagnosed and it was agreed / social security welfare benefits etc. that i would not be able to return to gainful employment, and thus i would not be able to suitably provide for my children’s care and financial welfare.

Despite this i have been contesting the child support agency who have been demanding child maintenance payments from me that Mr M A Burton the father and Mrs Elizabeth Burton the mother now known as Mrs ***** *****halgh did make a legal agreement between themselves (Defacto) and failed to confirm this family based agreement to the child support agency in the first instance.

Thus as my case is now up for transfer to the CMS it appears the appropriate time to raise the issue again towards a DEPARTURE and request the 2007 liability order for £16698.40 be quashed! as at this moment it still stands at £14,000?? i will in fact be 74 years old when i have only paid of £8,000 and approximately 100 years old to pay off the £14,000 in its entirety. Therefore it is "practically beyond all reasonable probability" that i will ever pay of the entire amount and therefore a decision must be made / an agreement to settle this liability order. UNFORTUNATELY due to recent changes in taxation and welfare regulations my ex-wife has decided to make an new application for child maintenance. Despite my eldest son legally living with my parents (grandparents) full time and the grandparents never receiving child benefit payments although Harvey turned 18 years old on the 29th July 2015 and is currently not in full time education but has applied for a part time one day a week college training course of less than 12 hours a week. My other son Matthew is unfortunately / fortunately 13 months into a 2 year course after which i believe he will take a one day a week college course of under 12 hours. Matthew is 17 years old and he will be 18 on the 26th August 2016.

Yours

Mark

Expert:  Clare replied 1 year ago.
Hi
Again for clarity it is the new applictaion that you wish to deal with is that correct?
What income do you have?
Clare
Customer: replied 1 year ago.

I wish to contest both the existing child support payments case with the 2007 liability order for arrears. And my ex-wife new application for regular monthly payments of child maintenance dayed the 10th August 2015.

From 2007 I recieved incapacity benefit and disability living allowance untill this changed in 2014 / 2015 to ESA support group and Personal Indipendence Payment at both daily living and mobiity ENHANCED RATES. I believe her actions have been triggered by the ESA issue as I believe PIP is still exempt.

we must now politely leave the library as we do not have a computer at home, therefore if you could email us as and when necessary.

Yours

Mark Burton

*****@******.***

Expert:  Clare replied 1 year ago.
Hi
The current claim is covered by CS3 and the detailed regulations are here
http://www.legislation.gov.uk/ukdsi/2012/9780111526132/contents
Specifically here
http://www.legislation.gov.uk/ukdsi/2012/9780111526132/part/4/chapter/2
I hope that this is what you were looking for
Clare

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