CSA deductions from JSA - Loophole?

[Jovanna04]

Hello there,

 

I am having deductions made for child support from my ex partners JSA. However I believe that he is purposefully not signing on (i.e, missing appointments) or getting himself sanctioned so that payments cannot be made to me.

 

I also believe that when his benefit is reinstated, the deductions are not made automatically by CSA, so my ex partner is paid more JSA than what he usually would be..Hence he's discovered a loophole in the system that he can continue to abuse. Can anyone shed light as to whether or not I'm correct?

 

Also, if this is a loophole that he is abusing, can I sue him myself for the arrears that he currently has with CSA?

 

Thanks.

[reallymadwoman]

If he is being sanctioned he won't get the back pay when his benefit starts being paid again.

[Ros1609]

I think you will have trouble proving he is getting himself sanctioned etc just so he doesn't have to pay you CSA

[Jovanna04]

@ Really mad woman, I am already aware of that, but thanks anyway.

[Jovanna04]

@ ros1609, I'm not interested in proving that he has been sanctioned, I'd just like to know whether there is a loophole where when a person does eventually sign back on, a deduction isn't made immediately by CSA, which a claimant would get to learn about, and therefore take advantage. I'd also like to know whether I can take legal action myself for the arrears that have accrued..

[reallymadwoman]

I find it hard to believe someone would deliberately deprive themselves of any income for increasingly long periods of time just to avoid paying CSA for a week or two, particularly when those payments are such a small amount anyway. Not sure what it is now, but when my ex was on benefits it was only £5 a week. What would your ex be living on whilst sanctioned? So far as I am aware it's 4 weeks for a first offence and up to 3 years for repeat offences.

 

I do realise that some people deliberately understate their income or give up a job to claim benefits to avoid paying the CSA, but the OP doesn't suggest they're working cash in hand or similar to avoid paying.

[Jovanna04]

.@ Really mad woman, yes, your average person who has JSA as their only means of income would ensure that signed on every time.

 

My ex partner has previously lied about ailments to get a sick note from the doctor which would excuse him from having to attend JSA appointments. Aside from this, my ex partner has inheritance money which he can use when he is not getting JSA, and he also occasionally gets cash in hand work. And yes, he has previously not complied with his jobseekers agreement.

 

Yes the deductions are £5.00 per week (£10.00 per fortnight). I didn't consider it relevant to my question to mention that my ex partner receives cash by other means.

 

My ex partner is unfortunately very determined to ensure that I don't receive payments for my son, even for a very small amount. To him it's a game - if I receive maintenance, I'm winning, rather than, seeing it as our son is going to benefit. I do know that if it wasn't for the fact that he believes that he cannot get his housing benefit paid without signing on, he'd stop signing on completely, so I'd receive nothing.

 

Do you know the answer to my question or?

 

thanks

[Ros1609]

To take legal action you need proof that he was getting sanctions to stop paying you CSA. To be honest with you I don't think legalaction would get you far as you could end up £100's out of pocket and not get anywhere. Just think its a shame your son is missing out because your ex thinks this is a game

[reallymadwoman]

Unless he's still getting contribution based JSA, which is only paid for 6 months, then I'm sorry but if he has savings and/or earnings that have possibly not been declared then I'd shop him.

 

Over whether he is exploiting some loophole, have you tried speaking to CSA about it? They will occasionally take additional amounts for arrears even from someone on benefits.

[Jovanna04]

I did think it could cost me, but I also thought it would be as simple as getting a court order for the arrears he owes, because CSA says he does owe it- regardless of whether he's been sanctioned or deliberately missed signing on or not.

 

I've decided that I am just going to keep in touch with CSA - as soon as a future payment is missed I'll ask them to reapply for direct deduction againpromptly so he doesn't get the opportunity to receive a full JSA payment- I do believe this is a loophole though, just wanted to see if anyone else knew about it.

 

Thanks all the same Ros1609.

[Jovanna04]

@reallymadwoman, I've told them about his inheritance, CSA wouldn't even look into it because it was not £60,000 (£50,000 though)

 

I emailed CSA today because I called them this morning about an automatic letter I received saying that I will receive payment by such and a such date, and I didn't receive anything. My phone call to them seemed to prompt them into making another application to have the money deducted from their benefit (as the woman confirmed that she had spoken to their benefits section and they told her that they had just made an application) plus, in the past, I've noticed when I call them, they'll put me on hold (like today) and come back and say, we've just made an application to deduct, and then within a week or so, I'll receive payment. It just lead me to believe that because they're not able to apply quickly enough, (and maybe it's also down to the fact that they're quite lax) he's getting full benefit payments.

 

Thanks

[Jovanna04]

Sorry just to add to my last post, I asked them whether it would be worth me contacting them as soon as payment is missed to prompt them into making a new application for deduction...As I know in my line of work, if the person has their JSA stopped, arrears direct stops too and we have to make a new application each time. Thanks.

[reallymadwoman]

I meant shop him to DWP. An inheritance of that scale probably means he's not entitled to a penny in benefits, and whilst I realise that if he's not getting benefits you probably won't get anything I'd do it anyway just for the pleasure of letting him think he's won only to find he really hasn't.

[Stressedandfedup]

Ask CSA if they can try deducting funds directly from his bank account. They have the power to either deduct regular amounts or take a lump sum for arrears.

Worth asking.

[*Thumper]

Seems like a lot of hassle, to save £10 per week!!

I think your ex is winding you up, and your going for it.

The hassle, time and aggro, to signing on/off, and getting sanctioned, will not be worth the effort.

(ask anyone on JSA, who gets sanctioned, about the anguish caused

 

Any income, wether through Jobseekers allowance, or bona fide earnings

will be calculated and payments must be paid. With the clock always ticking from the date of the 1st claim by you.

 

If he's holding back, then he will only end up with a large debt.

 

As for inheritance/savings, they are not income, so don't count

And if you belive he has income from other sources, that he's not declaring

That's down to the Tax/Vat man, to discover

 

How would this help your child?

 

If he's claiming JSA, and his deduction from this is intermittent

Trust me ................. he's not having it easy, and is putting on a brave face,

and winding you up!!!!

[lukeman]

£5 is not worth the hassle especially that he is unemployed.

 

Try to sort out your difference for your child's sake as the child needs both parents and stop hurting each other in this manner and fashion.

 

Dont get me wrong , I am a parent myself and my ex helped me alot during difficult times because of our children and how much they love us both.

 

Pack it in both of you.