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[Solved] Child Maintenance - Cut off Age for Scotland

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(@Tommy Bryan)
Eminent Member Registered

Hello there, can anyone help me as I keep getting difference information from the CSA. I live in Scotland and my son turns 19 years old in February 2013. This is when I thought my child maintenance payments would stop, however, the CSA have just advised me that I require to continue payments until my son is 20 years old due to a law changing last year. My son currently studies at University. Can someone tell me what the cut off age is for payments..........please?
Thanks

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Topic starter Posted : 15/01/2013 12:42 am
(@Stewart2512)
Active Member Registered

I am in a similar situation - I live in Scotland and my daughter turns 19 in March 2013 and is at College - I would also be interested to know the answer to this

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Posted : 16/01/2013 1:07 pm

top tips to support your child after breakup

(@Stewart2512)
Active Member Registered

Here is a response I received from Citizens Advice on the matter:-

"from December last year a person can be a ‘qualifying child’ for child support purposes up to the age of 20 if they are in full time, non-advanced education. This is the case unless the young person is or has been married or is in receipt of certain income-based benefits in their own right.

If a young person leaves full-time, non-advanced education before reaching 20 then they continue to count as a qualifying child up to a specified date after the end of their course – their ‘terminal date’ – which is in the May, August or November after their course ends. This is unless they reach the age of 20 before their terminal date".

Hope this helps answer the question - I will be bringing this matter to the attention of my MP because the change in law now means I will have to pay £4,800.00 for the year 2013/14 which I did not expect! - this is not fair!!!!! 😡

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Posted : 16/01/2013 10:50 pm
(@Stewart2512)
Active Member Registered

Tommy

I would suggest that if your son is at University then this is "advanced education" and you should not have to pay - I would suggest you speak to citizens advice and make reference to the above quote

ReplyQuote
Posted : 16/01/2013 10:53 pm

(@Ivan Dobski)
Reputable Member Registered

I would also check the wording of the CSA order over as it can be quite vauge as to when the money should stop as further education could go on for years (PHDs etc) Normally just covers the first degree but you need to be sure. I'd also see if it's possible to pay your child direct during this than use the CSA

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Posted : 16/01/2013 11:29 pm
(@Tommy Bryan)
Eminent Member Registered

just been told the son goes to stow collage. a 19 year old boy at collage. my dad stop giving me money when i was 16 years old and told to get a job?????
a 19 year old boy with out a job? its great i been work since i was 14 years old?

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Topic starter Posted : 16/01/2013 11:52 pm

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(@Stewart2512)
Active Member Registered

On your side here Tommy - I am in the same situation - my ex-wife has made sure my daughter has only been involved in "non-advanced" education so that I still have to pay - I have three other sons/daughters all of whom have never needed child support passed the age of 16!

This change in the law can only be as a result of the Government not wanting to pay out job seekers or other types of income related benefit until after someone is over 20 years old - it is ridiculous to consider someone at 19/20 years old as a "child"

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Posted : 17/01/2013 12:17 am
(@Tommy Bryan)
Eminent Member Registered

"non-advanced" education????? this means. big words or just words to use in away that mean you still have to pay/

i am 35 years old and i have been pay this for a big mistake since i was 15 years old. i was still at school and did not have a say in anything that happen? now i cant get married this year. its just holding back my life.
and she is making sure i pay for this... but she has 1 more kid to one of guy which dose not pay child support money to her?
thats not rigth

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Topic starter Posted : 17/01/2013 12:34 am

top tips to support your child after breakup

(@Stewart2512)
Active Member Registered

This is what I have been able to establish:-

'Non-advanced' education includes the following:
GCSEs
A levels
NVQ/SVQ level 1, 2 or 3
BTEC National Diploma, National Certificate and 1st Diploma
SCE higher grade or similar
This isn't a complete list. If you're not sure whether your child's education counts, you can contact the Child Benefit Office for further advice.

If you son is a Stow College it may be that he is doing one of the above - but you need to find out - do you know if Child Benefit is still paid to your ex? - this seems to have a bearing on if they are classed as a "child"

ReplyQuote
Posted : 17/01/2013 12:44 am
(@Tommy Bryan)
Eminent Member Registered

not sure about the child benefits or how to find this out. can you tell me what this means?

i have all ways payed the money to the child support, but now i am just fed up getting builly by them. i phone csa last aug and they told me that i just had to pay until he was 19. the child support really do not now what they are donig. this new law was put in place 2011. i called aug 2012. any help would be geat, i have no to heip me. all i get told is just keep paying

ReplyQuote
Topic starter Posted : 17/01/2013 1:37 am

 actd
(@actd)
Illustrious Member

it changed to age 20 on 10th December I'm afraid..

ReplyQuote
Posted : 17/01/2013 2:30 am
(@Stewart2512)
Active Member Registered

Here are two responses I have received (so far) from Members of the Scottish Government (MSPs):-

Scottish Labour MSP say - Thank you for your email in regard to the changing rules for child maintenance.

"This change came into being due to changing circumstances for our young people as compared to previous generations. Many more of our young people now continue with full time education well into their twenties or are forced to remain in their parental home for longer than has been the norm in the past. This has put a considerable financial strain on the majority of parents and this change in rules merely reflects that reality."

Scottish Independent MSP says:-

"Thank you for your e-mail regarding the changes being made to child support payments. As you have noted, a number of changes are in the process of being made in relation to child support payments, including the extension of eligibility. These changes are being made as part of a wider set of reforms in all aspects of welfare by the Coalition Government in Westminster.

From a political rather than constitutional point of view, these changes appear to be ill-thought through and I would suggest likely to prove counter-productive. The Coalition Government appears to be undertaking welfare reform as an academic cost-cutting exercise that focuses solely on the institutions themselves (such as the Child Support Agency) rather than on the people using these. I am already aware of a number of cases where welfare reforms are costing individuals and families across Scotland thousands of pounds, either in the removal of benefits, the repayment of benefits or the introduction of new or increased fees. The financial and emotional stress caused by these sudden and inflexible changes is extremely concerning, and are changes I could never support if I were in a position to vote on them.

Currently, the Scottish Parliament has control over some issues affecting Scotland, but not, as you know, on every issue. As well as welfare, pensions, defence policy, foreign policy and taxation are all still controlled by Westminster on Scotland’s behalf, leaving the Scottish Parliament relatively powerless in the face of draconian cuts and changes. Fortunately, the Scottish Parliament is able to mitigate some of the effects of Westminster’s decisions; for example, the Welfare Reform Committee has taken evidence from those affected by these changes in an attempt to find a way to use the powers that the Scottish Parliament does have to reduce the impact.

Although welfare policy would be set by whichever political party or parties are in Government in an independent Scotland, I do not believe that any party likely to be in Government would allow such a cold and distant system to continue. 81% of Scotland’s MPs voted against Westminster’s most recent changes to the welfare system, but 55% of the rest of the House of Commons voted in support, displaying the differences in priorities and interests between Scotland and the rest of the UK"

I am unhappy with the change in the law and while I appreciate there is nothing I can do about it just now, I can use my vote, and encourage others to vote for politicians who live in the real world

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Posted : 17/01/2013 11:25 pm

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