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child who receives DLA - effect on CSA?(11 Posts)
am just helping out a friend here - trying to get some answers for her.
She receives DLA (middle rate carers) for her DS1 and also CA.
Her DH has to pay CSA for his son from a previous relationship and she is wondering whether to tell CSA about her sons disability. She is in two minds because although they may get a reduction in what he has to pay CSA because of DS1's disability, she is worried that will take the DLA and CA as an income?
Many thanks in advance.
Yes it does effect it (so dh tells me) although its not much, its worth phoning them to let them know.
DLA wouldnt affect CSA at all as its the child who is entitled to it, not the mother. If CA is the only income the mother has (not including child benefit or other benefits) then she will be very below the limit for having to make any contribution at all (financially speaking) towards her son.
I suppose in theory any money the mother 'earns' as income (and CA is taxable therefore an earned income) should be reported to CSA, but as it would not alter the amount she has to contribute (supposing that she is not working) then reporting the CA to the CSA wouldnt make any difference in the maintenance awarded.
to clarify: the carers allowance would be taken as income, but the DLA wouldnt.
However if income is below a certain threshold, then the parent (either absent or parent with care) would not be expected to contribute, or at the minimum rate of around £3 per week (sorry cant remember exact details).
Check out the CSA website under 'new rules'.
Is he on the old scheme or the new?
If he is on the old scheme he can apply for a departure from the scheme. If he is on the new scheme he can apply for a variation. Basically, they take the dla into account for the 'extra costs' it costs them to look after him. They will not care less if you friend cannot work, believe me. they will lie through their teeth and say they are not entitled to a variation until your friends dh involves his MP. They will then backtrack quickly and say they never received any correspondance about it and start to work out the variation.
They will ask HUNDREDS of prying questions about your friends son, what his needs are, what extra help she has to pay for etc etc. Then they add up the costs and if they are under the dla amount they will not apply a variation. If they are over they will, but it is paltry. They will then tell your friends dh's ex that your child is disabled and how and this is why a variation has been applied for etc and then she can then appeal against any decision to grant one
I find it absolutely sickening
Oh and your friend will have to send off receipts for everything that costs her extra money to prove it and it takes them forever
and then finally if they do apply a variation they will LOSE all this correspondance if his ex asked for reassessment and they will start from the begining again. THREE MONTHS later or something stupid.
Don't worry life is hard enough if you have a disabled child, but not according to the CSA, they think dla more than covers it.
ooops! totally misread, sorry. I read as if it were your friends ex paying your friend. sorry again.
thanks for your replies. It is awful isn't it. Have just let her read all of this.
Basically her DH is paying quite a lot to his ex but she has asked for a reassessment, as she has heard he is earning more. he is, but they have also had another child. CSA have called him and said he will have a to pay more and they are currently calculating it. She can't work as DS1 has hosp appts, OT appts, physio appts, even psychology appts now to help him come to terms with his condition. Adaptations cost about £4500 over 12-18 months, then there's all the transport, parking, etc. She also can't work with a new baby. She is definitely on the old rules.
Can't believe they would count the CA as income. All the DLA goes on paying towards her DS1's adaptations, the CA goes on daily living, petrol, parking etc. The system is all wrong.
Don't get me wrong, her DH wants to pay towards his other son, but he already pays a good deal, pays for lots of other things for him too, has to travel 100 miles a week round trip to see him, and his mum has a high flying job etc and won't even help with driving, not once in the last 5 years!
Look, if they are on the old scheme it may be easier to get a departure. He needs to put everything in writing, don't forget that a variation can also be applied for his living costs under the old scheme and travelling to work costs etc. He really needs to be strict with someone so that they take everything into account. He needs to fill ina departure from the scheme form anyway (they can be found on their website) and then your friend needs to dig out any loan receipts they have for adaptations, travelling costs, hospital appointment sheets etc. They need to make sure the csa has seen his mortgage statement, council tax, pension contributions, loan repayments for adaptations etc. It can be easier to get a deaprture on the old scheme.
Be warned though, if his ex decides she does not like the departure on the old scheme she can actually close the whole case and re-open it 13 weeks later on the new scheme
As i say aswell, if they ignore all the facts that the child is disabled and they have a new baby he would find it helpful to get his MP involved. Of course this is not about not paying any money, it is about making a fair contribution for everyone
and btw, if it was him claiming the carers he would only have to pay £5 p/w but because it is your friend he most probably has to pay above what he can comfortably afford
thanks Angry. Her DH has phoned them again today and they are going to keep the payments as they are, as long as he can prove the extra mortgage was for necessary things done to the house. He doesn't want to get out of paying anything, he just thinks he pays a fair amount, and it allows him to treat his son direct also.
Thank you again for all your help. I will be printing this off incase she needs it in future
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