Well since I put the post up last night I've received another call from my case worker (turns out her names Michelle), anyway she rang to inform me that my Ex has been onto the College to confirm my Daughters leaving date and they "confirmed" it was the 22nd of April. My Ex then contacted the CSA and gave them this information. They then rang me to inform me of the change of date for closure of my case. I explained that the information isn't strictly correct and that I will be sending them another letter with a copy of my Daughters Attendance Record included and a copy of the Child Benefit requirements, explaining to them when Child Benefit should have stopped and the calculation of how much overpayment they need to send me due to the "oversight". Michelle agreed to put the case "on hold" until they receive this information.
I've also received a response from my MP and he has informed me that Child Benefit will be writing to me with regards to the information I have passed onto them.
Will keep you posted on what happens next.
Kind Regards
Liam
Excellent Liam.
I must admit I have had a lot of dealings with the CSA in the past (I'm the parent with care, so I was after maintenance from my ex) and there are a lot of good staff there - it's a matter of getting them, and being persistent. The biggest problem I had was frequent staff changes and reorganisations, so I'd get someone good for a few months, who knew the case inside out, and then they'd move elsewhere and I'd have to start again.
Hi Liam,
I have just seen your post, but my ex sounds even more deceitful than yours!
My son started a college course in Sept and left by Nov (he is 18 in June by the way). He has never attended since! Last month he started working. I complained to the Child Maintenance Service that I should not be paying and wrote to them, child benefit and MP. I have today had a copy of the letter that the CMS sent to the MP (who wrote to them on my behalf) stating that because my ex has confirmed that my son 'might' go back to college in Sept he is entitled to child benefit and I must still pay!
I have reported to the benefit fraud line and have no idea if they have looked into this or not yet. I have provided details of college and employer for them to check it out. How hard can it be? I am so frustrated that this cannot be resolved it seems.
Can you give me any advice as to how I may proceed? Perhaps I need to get a letter from the college like you did, confirming he left and attendance details. I don;t suppose I can really ask his employer for evidence.
Any advice would be most appreciated.
Thank you
Jon
Cancel the Direct Debit, just because your Son "might" go back to full time education is not enough grounds for your ex-partner to continue claiming Child Benefit. They can only claim Child Benefit if the Child is in further education. See here: https://www.gov.uk/report-changes-child-benefit and point the CSA to the page. Write to the CSA informing them that your Child is now in employment and that you have cancelled the Direct Debit and send it Recorded Delivery, that way you have confirmation they have received your letter. Then let them take it up with your Ex-partner, in the meantime keep the payment amounts you have been making each month to one side, just in case things do go South. The onus is on the CSA to prove otherwise.
Good luck
Liam
Well, the CSA responded to my MP and I was sent the letter from the MPs office. Child benefit has been looked at and the Child benefit department have decided to continue paying because my son is' going to return to education in September!' (according to mother). I think this response could have been from before I sent my letter to all parties a couple of weeks ago.
I have contacted the college who confirmed that he left mid Nov, never to be seen again, and they withdrew him from the course. I am awaiting this in writing when I shall try again.
Hi Liam , I have been reading what has been happening too you.
The same thing is happening to us HELP !!
The children have not been in education for over a year now and she has been claiming the benefit fraudulently.
The csa have told us we need to pay or they will put a deduction of earnings.
This has made us so upset and cross as she shouldn't of been receiving the benefit.
What can we do help and advice please as we are meant to make a payment in 2 weeks time.
Thank you Lisa.
Hi Lisa,
The only thing I can suggest is to follow the same procedure that I followed when I started to investigate my ex-partners fraud. You need as much information as possible regarding the Child Benefit Fraud, give this to the CSA, Child Benefit and your local MP and take it from there. regrettably the CSA will not simply take your word for it and rely on the information provided by Child Benefit. If you can prove that the parent with care is defrauding you may have a case and may be entitled to a back payment but you need to get as much proof as possible.
Good Luck.
Liam
To both respondents to my post, sadly you have to do all the work for both the CSA and Child Benefit as they don't seem to care. You will need to provide contact details of the College the child attended, start dates/leaving dates, name and contact number of the tutor and attendance records. Obtain as much information as possible and provide this to both the CSA and Child Benefit, make copies of everything and send it recorded delivery along with a covering letter explaining the reasons as to why you are cancelling the Direct Debit and why you should no longer be paying for maintenance. They cannot argue with the truth, and they have all the information they require if they wish to start an investigation. It would seem that picking up the phone and contacting the childs college is just a little too difficult for certain Government Departments.
Regards
Liam
Ok, here I go, as with all issues around the CSA things are complicated, however the NRP (normally the Father) seems to get the bad deal, it's so heavily weighed in favour of the RP. My son has just finished a 2 year college course. He is 18 in a few weeks time and (as far as I know) he has absolutely no intention of starting another college course. He has ambitions to join the RN and is some way into his application, his careers adviser has informed him that if everything goes to plan he should start his training in January. Undoubtably his mother will continue to claim child benefit and the resulting CSA payment (around £200 per month) from myself for as long as possible. Is it correct that she can only claim child benefit if my son is in education? Will the child benefit dept contact her and ask what her plans are? ie will she continue to claim? I would not surprised if my ex persuades my son to go to college so enable her to receive all the benefits that go with it. My plan is to do nothing at this time and see how things pan out in September. Any advice from anyone with a similar situation?
To add insult to injury (or frustration) I was contacted by the CSA this week for upto date earrings details because they had been informed by my ex that I was earning more money. Not sure how she knows this !! But the extra £20 per month in my pay does not allow any changes. Perhaps she is going for one last biggy.
Please read the info on this page on claiming Child Benefit, if they are no longer in further education they are no longer entitled to Child Benefit or Child Support Payments.
https://www.gov.uk/child-benefit
You get Child Benefit if you’re responsible for a child under 16 (or under 20 if they stay in approved education or training).
Only one person can get Child Benefit for a child.
You must report any change of circumstances to the Child Benefit Office.
As CSA payments are based on Child Benefit Eligibility.
Kind Regards
Liam
Thanks Liam, your previous on this thread are very helpful.
@mikeskinner you are required by law to notify CSA of changes, and they would be dated from when they were notified.