CSA question

[natalie]

My partner (we are not married) lives with me. He is disabled and has been left with serious health issues after mistakes during chemo and radiotherapy.

 

He cannot work, and, because he lived off savings rather than putting in a claim for benefits hasnt paid enough NI to claim anything other than DLA.

 

I am on long term Incapacity benefit and I have 2 children.

 

My partner's ex has decided to take us to the CSA for his daughter. Which, considering he paid around £1k a month for her when he did work is like a kick in the teeth.

 

Obviously, he doesnt have any income other than his DLA, will I be liable for the CSA payments?

[loopinlouie]

Not to sure on liability someone will come along and answer, but as on benefits think the most that can be taken from benefits 5.00 a week if you were liable that is.

 

Are you sure you are getting all entitled to? again someone will add later. Welfare rights are gems you know.

[Guest wino]

The CSA has told my sister that because her EX is on benefits he will only have to pay £5 per week. Apparently this is standard she was told.

[jdes26]

tell them what his current earnings are which i take is ZERO ! if they proceed with there evil ways contact your MP they will soon back off

[ErikaPNP]

They can only take money from your claim if it is a joint claim. If you have a claim in your own name (most IB claims are) then no, they can't touch it.

 

Have you had a full benefits check to ensure you are both getting everything you are entitled to?

[WelshMam2009]

The CSA has told my sister that because her EX is on benefits he will only have to pay £5 per week. Apparently this is standard she was told.

 

I was of the opinion that it would be a nominal payment of £5, if anything at all.

 

There's a maintenance calculator here...

 

https://secureonline.dwp.gov.uk/csa/v2/en/calculate-maintenance.asp

[Simon7685]

Even if you haven't paid enough NI credits, you are still entitled to claim more than DLA. It definately sounds like you are missing out on benefits you are entitled to, as Erika says get your benefits checked.

[csahelper]

Hi Natalie

 

If your partner has no other income other than DLA - he will have to be assessed at £0.00.. £5.00 per week is the set amount if in receipt of a prescribed benefit i.e. JSA/IS and Incapacity benefit is sometimes taken into account.. DLA definitely isnt. He needs to make sure he explains this to them - contact them asap and tell them no other income.. they will trace this through Inland Revenue.. and then hopefully will be assessed correctly based on the DLA.

 

As for taking money from your incapacity benefit - this could only be done if it is a joint claim - but again.. it shouldnt be pursued as he should be assessed to pay nil..

 

Get them to revise the amount in place at the moment - as they used the incorrect information..

 

Hope that helps a bit..