CSA and XH

[123andaway]

Have just had a phone call from XH regarding his CSA payments, and wondered if anyone might be able to explain what he is talking about?!?!?

XH has 3 children by his 1st wife. We have 3 children together.

I've been on benefits since we separated 4 years ago. I get IS, CTC, CB, HB and DLA for DS1 who is disabled (hence I can't work). I've never had anything to do with the CSA.

XH always paid CSA for his other 3 chidren while we were together to the tune of £250 a month. He has since told me that this hasn't changed, which I found strange as he is no longer supporting our children, but kept my nose out as it had nothing to do with me.

Today he has called me and said that he has had a letter from the CSA saying that his payments have gone up to £800. He is now asking me to make a CSA claim against him, as this will apparently reduce the amount he pays be about £200 a month. He says that he has been on the phone to the CSA and they have worked this out for him??

When I first claimed benefits I was told that I could choose between being paid CTC and CSA money. For 3 kids and the disability element that is added for DS1 I get about £700 a month CTC, so any CSA payment (divided between his older kids) would come nowhere close to matching this.

XH says that I would be no worse off, but he has no idea of my financial circumstances.

Has anyone any idea what he is talking about?

Well I don't claim to be an expert on the CSA. But I would say that he is trying to get himself a reduction in the payment for his first 3 DCs, using you. If you are happy with the benefits you get then why change just to oblige him? If I were you I would get your local jobcentre to check your benefits and do a calculation for you. Do you have a Lone Parent advisor? they can work out if you would be better off as you are, or claiming from the CSA (depends on what he earns) obviously that would effect your benefits. It is always worth checking out www.entitledto.com as well, just in case there is something you could now claim which you couldn't 4 years ago.

But if it ain't broke, don't fix it, just for his benefit!

not at all sure of the details, but I thought there was something changing on benefits so that you can keep maint and get benefits.

Lone parents board might get a more informed response.

Thanks Lanky, I am very reluctant to change anything, as anyone who has ever claimed benefits will no doubt agree, everything is linked to everything else, and changing one thing can have a whole cascading effect on everything else!! I don't for one moment think I would be any better off. That said part of me does feel a little bit sorry for him as this extra money will screw him (as he elegently puts it), but then another part of me thinks that he has got away over the last 4 years paying £250 a month for 6 children (which is way less than he should be) so sod him!
Yes I do have a lone parent advisor. I will make an appointment with her in the new year.

OK he has just text me - apparently he is paying for his other 3 children on the 'old system'. If I make a claim then it will automatically move the whole claim onto the 'new system', which means he will be assessed on a lower percentage of his earnings and will pay less.

So I now need to make an appointment with my lone parent advisor to see how making a claim will effect my benefits, and try and ignore the begging texts until then!!!

Yes, well done, tell him you have to check with the benefits office before you can do anything. "New system" - hmmmm..... sounds typical CSA language to me.
I know from experience that if you so much as sniff at the benefits office they will stop paying you and you will be in trouble until they decide to get their finger out.

Good luck with the LPA. Mine is so kind.

how child maint affects benefits

but I am sure I have read on here it is changing in April 2010.

I've never heard of anyone on benefits being allowed to 'choose' whether or not they went through the CSA. I thought that was the point of the CSA, TBH (from the gov's perspective) to recoup some of the massive SS bill by clawing back money from Dads without having to pay more than a few quid to mothers.

I don't see why (or how) he can get away with not supporting 3 of his children.

ahh found it - here

Top of the 2nd page - Changes introduced earlier this year, mean that child maintenance payments are now ignored for Housing Benefit and Council Tax Benefit purposes.
From April 2010 maintenance payments
will be ignored for all income based benefits
(including IS, income-based JSA and
income related ESA).

so it looks like you would be better off waiting until April, then put in a CSA claim.

Also agree with mmrred

CS's thanks thats really useful info.

When I first claimed benefits I was told that I could choose between being paid CTC and CSA money. For 3 kids and the disability element that is added for DS1 I get about £700 a month CTC, so any CSA payment (divided between his older kids) would come nowhere close to matching this.

XH says that I would be no worse off, but he has no idea of my financial circumstances.

Has anyone any idea what he is talking about?

You have been advised so badly! Your CSA have nothing to do with CTC, your CSA do however affect your IS!
ATM the CSA are not including your three childen so he does pay a higher amount, if however you put in a claim it will reduce his payments greatly, but it won't happen over night. His change in circumstances will only start from when you apply and cannot be backdated.

I've never heard of anyone on benefits being allowed to 'choose' whether or not they went through the CSA. I thought that was the point of the CSA, TBH (from the gov's perspective) to recoup some of the massive SS bill by clawing back money from Dads without having to pay more than a few quid to mothers.

I don't see why (or how) he can get away with not supporting 3 of his children.

The law changed last year, you no longer need to apply for child support via the CSA. You can came to a private agreement.