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Hi I wonder if someone can help/advise me?
I recently discovered that my 19 year old son for whom I was paying 'child' maintenance, was in fact working. I had it confirmed by his employer that he had been working in full time paid employment for at least 3 months. I was paying in good faith as I had been told by the PWC that my son was on a 2 year college course. In fact as I have since discovered, he only attended for one year!
Due to a breakdown in the relationship with my children (thanks wholly to their mother poisoning their minds), I have not had regular contact with them for some time and in any case they would not divulge any information so I was unable to determine their situation.
I have contacted the CSA on several occasions in the past and asked them specifically to ask how I will know when to stop paying.
They told me that when Child Benefit was no longer payable it would 'flag up' on their system and I would be informed.
I then discovered, to my absolute disgust, that my son was in fact working and not at college, and that the PWC was still receiving my payments (which I had been told I must pay as per their yearly schedule).
I contacted the CSA and they said they would have to "perform a Child Benefit check to see if CB was still payable".
I was then contacted shortly afterwards and told that the CB had not been claimed since 09/12 although I had been paying the maintainence until recently.
It was indicated that once their "reimbursements team" had discounted any possible arrears I may get a refund but they couldnt say for definite although I should do as it was clearly an overpayment.
However, I have since been contacted by a member of the afore mentioned reimbursements team with an obvious disregard for my predicament, and a seemingly sympathetic approach to the PWC!
This person has said that it would be "unfair" to take back all of these payments from the PWC (parent/person with care) and that they were not legally obliged to reimburse me as it "wasnt their (the CSA's) fault"!
Well it certainly wasn't mine! In my opinion, the PWC knew she wasn't entitled to the money, but kept quiet while it was still coming!
I explained that it was unreasonable to expect me to know my ex's (PWC's) situation having no contact with her, nor did I expect she would have come out and told me when she knew her money would stop.
It is clearly deceit on her part and I have clearly overpaid. As the CSA clearly stated in their letter, my obligation ended in September 12.
The person from the 'reimbursements team' said that they might not 'be able to' recover the money from the PWC and then it would 'come out of the public purse' and that would not be fair! They said it is both parents responsibility to inform them of a change in circumstances and even suggested I may only get 50% of my money refunded on that basis! How am I supposed to have access to information regarding what my ex claims or doesnt claim?
I have read through the Child Support Act 1991 as ammended and all I can see is a brief entry as Section 41b, which states that the secretary of state has the right to seek reimbursement from the PWC for overpayments where it is not possible to balance the account through future payment reductions or something of the sort. Obviously as my case is ended they cannot adjust my payments to refund me.
Does anyone know the law with regard to my right to a refund?
Is the PWC legally required to inform the CSA when the 'child' leaves further education or begins work?
Are they just trying to retain the funds in order to receive some sort of reward?
What should I do next?
I am aware that the representative of the CSA reimbursement team seems keen to contact me by telephone (despite the fact that they introduce themselves as being from the DWP and not the CSA directly!).
However, I do not believe they are being entirely honest with me and I do not trust them. I am unable to record my conversations with them so I would prefer them to correspond in writing.
The last thing I was told was they they would have to trawl through all my assessments, make sure they did them correctly and rule out any possible arrears.
Despite this my last schedule/statement clearly states an arrears balance of nil. It wouldnt surprise me if they find some arrears to offset the amount they owe me.
Any advice greatly appreciated.
Thanks,
Redletter.:help:
I recently discovered that my 19 year old son for whom I was paying 'child' maintenance, was in fact working. I had it confirmed by his employer that he had been working in full time paid employment for at least 3 months. I was paying in good faith as I had been told by the PWC that my son was on a 2 year college course. In fact as I have since discovered, he only attended for one year!
Due to a breakdown in the relationship with my children (thanks wholly to their mother poisoning their minds), I have not had regular contact with them for some time and in any case they would not divulge any information so I was unable to determine their situation.
I have contacted the CSA on several occasions in the past and asked them specifically to ask how I will know when to stop paying.
They told me that when Child Benefit was no longer payable it would 'flag up' on their system and I would be informed.
I then discovered, to my absolute disgust, that my son was in fact working and not at college, and that the PWC was still receiving my payments (which I had been told I must pay as per their yearly schedule).
I contacted the CSA and they said they would have to "perform a Child Benefit check to see if CB was still payable".
I was then contacted shortly afterwards and told that the CB had not been claimed since 09/12 although I had been paying the maintainence until recently.
It was indicated that once their "reimbursements team" had discounted any possible arrears I may get a refund but they couldnt say for definite although I should do as it was clearly an overpayment.
However, I have since been contacted by a member of the afore mentioned reimbursements team with an obvious disregard for my predicament, and a seemingly sympathetic approach to the PWC!
This person has said that it would be "unfair" to take back all of these payments from the PWC (parent/person with care) and that they were not legally obliged to reimburse me as it "wasnt their (the CSA's) fault"!
Well it certainly wasn't mine! In my opinion, the PWC knew she wasn't entitled to the money, but kept quiet while it was still coming!
I explained that it was unreasonable to expect me to know my ex's (PWC's) situation having no contact with her, nor did I expect she would have come out and told me when she knew her money would stop.
It is clearly deceit on her part and I have clearly overpaid. As the CSA clearly stated in their letter, my obligation ended in September 12.
The person from the 'reimbursements team' said that they might not 'be able to' recover the money from the PWC and then it would 'come out of the public purse' and that would not be fair! They said it is both parents responsibility to inform them of a change in circumstances and even suggested I may only get 50% of my money refunded on that basis! How am I supposed to have access to information regarding what my ex claims or doesnt claim?
I have read through the Child Support Act 1991 as ammended and all I can see is a brief entry as Section 41b, which states that the secretary of state has the right to seek reimbursement from the PWC for overpayments where it is not possible to balance the account through future payment reductions or something of the sort. Obviously as my case is ended they cannot adjust my payments to refund me.
Does anyone know the law with regard to my right to a refund?
Is the PWC legally required to inform the CSA when the 'child' leaves further education or begins work?
Are they just trying to retain the funds in order to receive some sort of reward?
What should I do next?
I am aware that the representative of the CSA reimbursement team seems keen to contact me by telephone (despite the fact that they introduce themselves as being from the DWP and not the CSA directly!).
However, I do not believe they are being entirely honest with me and I do not trust them. I am unable to record my conversations with them so I would prefer them to correspond in writing.
The last thing I was told was they they would have to trawl through all my assessments, make sure they did them correctly and rule out any possible arrears.
Despite this my last schedule/statement clearly states an arrears balance of nil. It wouldnt surprise me if they find some arrears to offset the amount they owe me.
Any advice greatly appreciated.
Thanks,
Redletter.:help:
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