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Been to the CAB but am still confused on the subject of Benifits and the CSA

18 replies

LadyTambaOfTambaTown · 19/06/2006 21:26

Me again :)

Went to see the CSA today to discuss my options after recent split with DH.

He said that I could claim Income Support but that I would have to give DHs details to the CSA. And that I would be intitled to one third of his income. I dont want to do this as if I were to take a third of his income then he wouldnt be able to afford to pay our mortgage which would mean we lose the house - I am not entitled to housing benifit as this only applies to rented properties, although could apply for housing cost benifit which would pay nothing for the first 8 weeks, then half of the intrest on the mortgage for 26, and then 100$ of the Intrest from then on. Which would still leave me having to find 500 pound a month which isnt possible. So I need him to be able to afford the mortgage.

If I was to refuse to give his details then they would lower the amount of income support I am entitled to from 57 pound a week to 30 pound a week. Which would be very difficult to live on. I have suggested that if I were to with hold his details that maybe dh could just make up the amount that I would lose, although the CAB man said he had to pretend he hadnt heard that.

He also said that because I jointly own a property and have no reason to move out that the council wouldnt house us if we were to apply. If we lived in a council house it would make my life alot easier as I wouldnt have the stress of the huge mortgage we are stuck with.

I also have to move the child benifit into a bank account in my name and re-apply for child tax credit. He said I need to get Dhs post redirected as otherwise the social will say he is living with me.

It is very confusing and I am totally lost. What to do for the best? With hold his name and have him make up the difference, or give his details and finacially ruin him (as well as probably losing the house!)

Any advice from people who have been there would be fab :)

OP posts:
SenoraPostrophe · 19/06/2006 21:32

sounds about right. is the mortgage really 500 quid a month without interest? that's a lot. why don't you just sell?

LadyTambaOfTambaTown · 19/06/2006 21:36

Our mortgage is stupidly expensive. It was a 110% with no deposit type one so the repayments are huge. We used the extra to pay off credit cards and a loan. So if we were to sell the house we would be left owing about 16 grand (I think its called negative equity or something) We only bought it in August so even though house prices have risen since then it is no where near enough to meet what we would need it to meet. In hindsight we were mad to go for something like that but we did and now we have to live with it.

OP posts:
SenoraPostrophe · 19/06/2006 21:39

would one third of his income pay the mortgage and leave enough for you to live on? if not, did you ask if income support takes the mortgage into acocunt? (I htink it does).

or you could get a job?

rickman · 19/06/2006 21:43

You won't get a third of his income. It's 15% for one child, 20% for 2 or 25% for 3 or more.

You can have a voluntary arrangement between you and your ex and when the CSA finally contact you, and believe me it will take forever, you can tell them you have a private agreement and don't need their help.

If your ex gives you more than £228 per month in maintenance, you won't be able to have income support. Unless he pays you more than that, the most you are ever going to get is £228 as the IS will be docked accordingly.

flutterbee · 19/06/2006 21:49

If you claim IS then you have to give your DH's details if you fail to fill in that part of the form then they will cut your benefit or originally assess it at the lowest amount. The only way this can be avoided is if you state that you do not know who the father of your child is as many many women do who put in claimks for IS.

With regards to your house if your dh can not keep up payments on the morgage and you are on benefits then the council will have a duty to house as you will be being made homeless through no fault of your own.

Cam · 19/06/2006 21:51

If you are on Income Support the CSA will try to collect the money from your dh to cover the IS payments.

iPodthereforiPoor · 19/06/2006 22:11

Can you not just tell them that you have a voluntary agreement in the first place - I cant remember what I was told at the begining of the year.

As far as I understand - which isn't far, that they will reduced your IS for every £ recieved through maintenance anyway so I'd say you have an 50p a week agreement with him and they dont need to be involved in the first palce! I'm almost convinced that if you have arrangements already in place for maintenance then they don't need to inbvolve the CSA but they will reduce your IS accordingly.

Otherwise do it - cos its gonna take years for those buggers at the CSA to do anything anyway

LadyTambaOfTambaTown · 19/06/2006 22:35

I asked the bloke at the CAB if I could make a private arrangment with Dh but he said that they wouldnt take that into account and would do it there own way, but I will check again as I was being given so much information that its likely id have got confused somewhere along the line.

Its just so much to try and get your head round iykwim.

Luckily DH is being co-operative with regards to money etc atm but I cant rely on it staying that way so need to get sorted. Have an appointment at the bank tomorrow and Have to make an appointment at the neighbour hood office. I will need kicks up the backside though as have been known to put off things that I am scred of doing Blush

OP posts:
rickman · 19/06/2006 22:38

Did you read my post - there is no way the CSA will ask him to give you a 1/3.

You will have to go along the CSA route if you apply for income support but if they know you have a private agreement, they won't do anything.

LadyTambaOfTambaTown · 19/06/2006 22:44

Yes, sorry Rickman i did read it (head all over the place atm!) I am glad that they will accept a private arrangment. Will the amount that we have agreed affect Income Support?

OP posts:
rickman · 19/06/2006 22:57

If the amount he pays you comes to more than your income support then it will cancel it out.

For example, my ex gives me £300 so I don't get any income support. If he gave me £100, that would be taken from my income support. I'm pretty sure that the CSA will take payments against a mortgage into account and reduce the amount of maintenance accordingly. I'll see if I can find it on their website.

rickman · 19/06/2006 22:58

See \link{http://www.csa.gov.uk/new/calculate/#S05\variations}

singledadofthree · 19/06/2006 23:05

blah, blah, blah, how did yer date go rickman?

rickman · 19/06/2006 23:11

It was ok. No fireworks unfortunately. I'm still looking!! :)

singledadofthree · 19/06/2006 23:14

ah well, is all about timing, that's all, i take it your car still behaves itself

rickman · 19/06/2006 23:16

Yep, it's due for it's MOT though, so I'll keep you posted. :o

singledadofthree · 19/06/2006 23:18

consider my breath held then - in anticipation :o

flutterbee · 20/06/2006 23:15

Sorry to say they will not accept any other payment he makes (mortgage, gas bill, council tax) as anything to do with child support.

Yes your private agreement will reduce the amount of IS you get but it has to be seen to be a decent amount ie. what they would assess him at or more. You could not just say £1 a week and be done with it.
You will have to work out how much you would get through the CSA the % amounts were stated by someone else earlier then deduct it off your IS and see if you could live on that, if not I suggest you look at selling the house which to me seems like the safest option.

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