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The Child Support Agency: Updated 13 March
2007 This guide to understanding how the CSA works has been compiled, with advice from those who work within the Agency, to help you deal with casework as efficiently and effectively as possible. If you have any helpful hints you would like to add please let us know, using the Feedback Form. We are unable to answer detailed questions about the working of the CSA. If you work for an MP and need specific advice about casework you are handling, use our List of MP's Hotlines to contact the office covering your area. Index (click on the section you want): The Child Support Agency interprets and
enforces laws laid down by parliament. The original aim of the Agency,
often quoted by the management, was to eradicate child poverty in the 1. Jargon
Parent With Care (PWC). A PWC has a child living with him or her for at least half the time. If care is shared equally between two parents, the parent receiving child benefit is the PWC and can claim child support from the other parent. Non Resident Parent (NRP), formerly known as the 'absent' parent. Normally an NRP will be the parent who does not have the QC (see qualifying child) staying overnight in their home. It is possible, however, for an NRP to have overnight care of a QC for an average of up to 3 1/2 days a week and still be an NRP. Person(s) with care (PeWC) is/are any person or people (often grandparents), not the parent of a child, who is (are) primarily responsible for the care of that child. They can claim child support from both or either parent. Qualifying child/ren (QC) is/are the child/ren, which the PWC includes in his/her claim
against the NRP, where paternity is confirmed. New
rules (legislation) cover cases instigated, or having certain changes, after Old
rules (legislation) cover cases running before The Effective date is the date from which a NRP is due to pay maintenance, regardless of when he/she actually starts. Arrears
are the amount of payment due from the effective date to the start of
payments through the CSA. Can
be reduced by voluntary payments made to the PWC during this
period. Shared care
only exists when a child stays overnight with the NRP on a regular basis.
Under old rules it must be the equivalent of 2 nights a week, under
new rules 1 night a week. Maintenance Enquiry Form (MEF) – the initial form sent to an NRP when a new child support case is opened. Protected income is the proportion of an NRP's income, which must be left for
him/her to live on. Interim
Maintenance Assessment (IMA) (used for cases under
the old rules) is put in place when the NRP has not provided sufficient
information for a Maintenance Calculation to be made. Default Maintenance Decision (DMD) (used for cases under the new rules) – see Interim Maintenance Assessment. Formal Maintenance Assessment (FMA) this is the completed maintenance assessment when all the required information has been provided. 2. What to expect
Many cases run smoothly under the CSA and
many children and their carers are receiving money they would otherwise
have had to do without. Unfortunately
the people you will be dealing with are those who are not happy about the
system. The main complaints from PWCs are the
length of time taken to process their cases, or that they feel the NRPs
are not paying enough. The main complaints from NRPs will be that
they think they are paying too much or that they don’t think they should
be paying at all. 3. Background to the CSA system
Child Support cases can be covered by one of two schemes – old rules and new rules. The CSA also uses two computer systems. The original CSCS system and the new CS2 system, introduced at the
same time as the new rules regulations. The original plan was to bulk migrate all
cases from CSCS to CS2 by mid 2003, but so far system problems have
prevented this. 4. Old rules
Cases received and actioned before Example 1: If a fresh claim is made
against an NRP under new rules any existing old rules case, where he/she
is NRP, will be changed to new rules. Example 2: A private (i.e. non- benefit)
PWC can chose to close an old rules case and re-open under new rules after
13 weeks. If a fresh claim is made within 13 weeks it is still assessed
under old rules. Arrears from
his/her old rules case can still be collected. Under old rules the effective date was set
when a MEF was deemed to have been received by an NRP. Old rules
cases may still be managed by the old CSCS computer system. Some have migrated to the new computer system.
Old rules cases were much more complicated taking into account many pieces of information including
If a case migrates directly to new rules without being closed for at least 13 weeks, the maintenance payment will be "phased" down or up to the new payment over a maximum of 6 years. It is important when contacting the CSA
that you know whether a case is running under old rules or new rules. Interim Maintenance Assessment (IMA) There
are four categories of IMA:
5. New Rules
Any claim received after Under new rules an effective date is set
by first contact with a NRP. This
can be by a telephone call or the date of issue of a MEF. New rules cases are normally actioned on
the new child support 2 (CS2), computer system. Some cases cannot be
handled by the new computer system and will become clerical. New rules simplify the CSA process by considering mainly only 4 pieces of information:
The maximum maintenance calculated can be
is 30% of a NRP’s net income. When
arrears are deducted the protected income is 60% of his/her net income. Default
Maintenance Decisions In
new rules Interim Maintenance Assessments have been replaced with Default
Maintenance Decisions (DMD). If
the NRP has not provided sufficient information for a Maintenance
Calculation to be made, a Default Maintenance Decision can be calculated.
The NRP will be liable for the Default rate based on the number of more
qualifying children:
6. Stages of the process6.1 Maintenance
Calculation (MC) MC staff have the responsibility of
gathering all required information and using it to calculate how much a
NRP should be paying each week. They also recalculate where there is a
change of circumstances. Most problems occur when a NRP is
non-compliant. Under old rules there were many ways a NRP
could delay a case and there are plenty of web sites specialising in
telling NRPs how to avoid contributing to the upkeep of their children. The new rules system is much simpler, but
there are still ways to get round the system. A common method of avoidance under both
rules is to “job hop”. If an NRP fails to pay, a Deductions of
Earnings Order (DEO) can be given to his employer, obliging him/her to
take deductions from the NRP’s wages. Many non-compliant NRP at this point will simply move onto a new
job, requiring a trace procedure, which can take a considerable time. To counteract this it is now possible for
CSA staff to refer any “job hopping” NRP directly to Enforcement.
This is a fairly recent change to procedure and not all staff may
be aware of it so it wouldn’t do any harm to mention it. 6.2 Account
set-up
Account set-up is usually a fairly quick
procedure. The object is to
convert a weekly payment into an amount suitable fo 6.3 Debt
Management
It is the task of the debt manager to
ensure the NRP makes regular payments and to pass them on to the
appropriate PWCs. 7. Your role
Contact from an MP or on his/her behalf
serves to prioritise a case. This
may help to speed the handling of a case. Unfortunately due to staff
shortages and problems with the new computer system, many complicated
cases have to be escalated much higher up the complaints ladder before
they will be dealt with. So
don’t presume because you have made a phone call or sent a letter that
the case will be dealt with promptly. If further delays ensue, always ask
about escalating the complaint. This is particularly true of clerical
cases. Once a case
is dealt with clerically, the process is much more time consuming and
complaints often serve only to delay the process. Any member of staff
answering a complaint has to stop processing a case to do so. However,
there are times when escalating a complaint is they only way to ensure a
case gets priority over other cases. Having said that, one of the most helpful
things might be to suggest a PWC or NRP to contact their case officer
direct and establish a rapport with them. CSA staff are only human and if they have a choice of two cases of
equal priority, it is quite possible they will choose to help a customer
they like. This, however, is less likely to work with any case running
live on CS2 as the system usually allocates the work. 8. Useful websitesThe CSA web site has a lot of information
about both new rules and old rules: A handy tool for a new rule case is the
maintenance calculator, but be warned it is only a guide and does not take
all circumstances into account. It
is available at: For a fairly balanced, if somewhat
cynical, look at child support including the other side of the story read
Barry Pearson’s: Update - 13 March 2007 SW
January 2005 |
You can also
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