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    • We have finally managed to obtain the transcript of this case.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Does my ex have the right to continually check on my details with the CSA?

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On the face of it you may say that the answer is yes but please bear with me for the explanation. I have been too ill to work for the past two and a half years. My son is now almost 20 and the debits to my Employment Support Allowance were stopped on his 19th birthday. They weree deducting £5 per week from my benefit. There are no other qualifying children. I agree that there are arrears on the account but, in consultation with my MP, the CSA admitted that the arrears were caused by my previous employer being too slow in sending in my details and the failings of the CSA's own internal procedures. The CSA have admitted to me that as long as I remain in my current condition, on ESA and not able to work, they are powerless to reclaim the arrears.

Once the divorce is finalised and therefore all links with her are servered, if she contacts the CSA in the future to check as to whether I am working, are they legally obliged to divulge this private information?

Also for how long will the arrears be 'live' so to speak? I have had different people at the CSA telling me different stories that they will be wiped out after a period of time...but no-one is able, or wishes to tell me how long or short this is.

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The Csa arrears will b with u forever

And regarding her checking your details

If you no longer pay for your son as he's 18 and there are arrears Id say she entitled to be a nosey so and so

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The status of 'Qualifying Child' absolutely ceases from the QC's 19th b'day.

Your were paying the basic rate of CM from the sound of it and JCP will only allow £5 approx/w to be taken anyway.

If you don't mind saying so, how much do you owe in arrears? If you ex is owed the money she can ask to have your circs looked into to see if they can attempt to collect from you. But if she does that persistently, they will tell her to pack it in. once every 6months is enuf!

The CSA will probably have something to flag your case up every so often regarding the arrears outstanding. What i siggest you do is to voluntarily pay £5/w as you were before, by S/O. This will show you are compliant and are keen to clear the arrears as you are on a very low income but 'recognise your obligation to pay the arrears' etc etc. If you owe a lot, and it is enforceablein court (ie accrued after 12 july 2000) then they may 'secure' the arrears on a LO but then just file it for later. Any arrears accrued before this date (as long as you were not notified of your assessment after the date) then it cannot be taken thru court, however it WILL remain collectable till it's paid by whatever means available.

One thing I would do is find out if any of the debt is partly owed to your ex and to the Secretary of State (ie if you ex was ever getting a prescribed benefit). If all or part of the debt is owed to your ex, and if she's in agreement, you may be able to pay a lump sum as payment in full. his means your ex agrees to accept a smaller amount in arrears and declares the rest as paid. I think there's provisions now that if the PWC says she 'doesn't want the remaining arrears' then they can permanently suspend them/adjust off.

But if you ex isn't one who'd wanna help, or you can't get hold of a lump sum, then obviously that's no help to you!

One other thing, you say that the arrears accrued when details were late from your employer... have they actually assessed you on those details? If your employer was late giving the details then you haven't been the one to fail to return requested docs. Make sure they've acted on that assessment.


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