Accidental payment direct, but going through CSA - to repay or not repay?!

[cls77]

Have gone to CSA as ExH out of work at this time and was paying me a set amount directly for 3 months (length of his last job) the 3 months payment was underpaid from what the rate should have been, but I asked if he could spend a day taking our daughter out (who is 11) to actually do something with her, once a month.
Since losing this job, the CSA are still processing the assessment, and the plonker has failed to cancel the D/D so a monthly payment has gone into my bank this morning.
He has just rang me to ask me to refund him, now I know what I should do, but just thought Id ask on here what people thought.
He hasnt bothered with dd at all since he left almost a year ago, has missed secondary school open evenings, transfer days, and so many other things that has really upset her. He also didnt pay for 3 months when he first went, as he was unemployed then too.
So, should I refund it today, or wait a couple of days?

If you refund it to him directly, it will still be deducted from his future payment calculations and you'll get less in the long run.

Can you explain this a bit more? Im new to all this! Thanks

CSA payments are calculated on an 'annual' basis - so the CSA work out how much the NRP should pay and divide it by 12 to work out a monthly payment to you, the RP.

If the NRP circumstances change within the year, they recalculate what the NRP should pay over the same 12 month period, deduct what has already been paid, and divide the rest by the number of months left in the year.

So, lets say your ex was liable to pay £15 a month for the first 6 months and £5 a month for the second 6 months - a total of £120 over the year.
He has paid 7 months of £15, so has paid £105, leaving £15 to be divided between the remaining 5 months, so you'd only get £3 a month (because you'd already received the other £15).

So, if you pay him the £15 back - you'll still only get £3 a month for the rest of the year.

However the csa will not asses for any period before a application was recived. So it only matters what they asses for current and future not past.

If he's underpaid you in the past and still owes you money from that time period then keep it as you have no way at all of enforcing any payments from before the csa asses.if the csa question it inform them it was relating to a prior agreement.

If he's underpaid you in the past and still owes you money from that time period then keep it as you have no way at all of enforcing any payments from before the csa asses.if the csa question it inform them it was relating to a prior agreement.

If it was paid via CSA direct payments, then it will be accounted for by the CSA against their assessment - if there was a private agreement previously, they won't 'collect' overdue payments and will offset any overpayment made now against future payments they assess not missed payments of a private agreement.

The way I read the op was the prior arrangement was a private one not via the csa.

Ok - just reread and it could be interpreted either way, sorry!

Your right it could be so no sorry needed.

Sorry to confuse!!
Thanks all for the advice. Have mutually agreed to pay back the money minus the underpayment from CSA before - he tells me they advised him that he owes some from when they first set it up, and its his responsibility to pay it?
In relation to the calculation re a years payments, what happens if someone is claiming benefit eg jobseekers (that was) but then goes into a well paid job, surely they only calculate the remainder of the year? So payments would only be a percentage of the new income?
Or am I confusing myself?!!!

Yes, they'd work out what was due based on the NRP new income for a proportion of the year.

It can take months for the CSA to work out the changes though, and arrears can easily build up.

Im learning that one China
Have refunded him this morning, Id only be worrying about the hassle I would get, and like he said "you chose to go to b**y CSA, so you can wait for your money"
Charming :)

No matter how many times I come across nrp's who all of a sudden think the children are not their responsibility because they parted company it still pisses me off.

Unfortunately it appears to be the norm( according to womans aid amd gingerbread)Have the csa told you that as he's not in work if he's claiming benefit you will only get £5 pw no matter how many kids you have ( if he has more children with other mothers they take the £5 and split it between you) if he's not claiming but living off someone else they will nil asses.

Oh and with benefits they can only get your arrears paid back to you at £1 per week

Thanks socks he has no other children, and Ive had the £5 payment before when CSA originally processed it for me. He tried to do it directly and I stupidly agreed (he discussed it with me when I was visiting my poorly nan, who passed away the next day) so I wasnt really in my usual state to make a decision. He has this way of being all nice and normal when he wants me to do something for him, but he couldnt care less about our DD and that breaks my heart