Hello All,

Unfortunately my office doesn't have a copy of the CPAG Child Support handbook so this may be an easily answered question but I'm a bit stuck about where to look for information.

Client has been in receipt of incapacity benefits for over 20years. In Jan 1998 he was given an indefinite award of HRCC and LRMC DLA which then meant he got an IS top up of his IB.

Prior to and during this time he was receiving letters from the CSA saying his maintenance amount payable was zero and his arrears were zero.

Yesterday he got a letter saying that for the period 1994-2000 he owes just shy of £1900 and they are going to start deductions of £6.50p/w.

As far as I can see from 1998 when he was getting IS and DLA then no maintenance should have been payable- is that correct?

From 1994 to January 1998 his only income was IB- is there a SIMPLE (!!!) way of calculating how much maintenance he would have been liable for during those 4 years?

Does anyone know why the CSA send these letters seemingly out of the blue and years after the event? What goes on with their systems??

Can't understand that as it appears that under the old rules, a non-resident parent should be treated as being exempt from making even the minimum payment if they are receiving incapacity benefit i.e. he should pay nothing (Reg 28 Child Support (Maintenance Assessments and Special Cases) Regulations 1992).

Ah, ok- so the section 31 'sickness benefit' which is mentioned in schedule 4 of the Child Support (Maintenance Assessment and Special Cases) Regs refers to IB?

Brilliant- thanks for your help. I knew it didn't seem right.

Just for completeness

"Ah, ok- so the section 31 'sickness benefit' which is mentioned in schedule 4 of the Child Support (Maintenance Assessment and Special Cases) Regs refers to IB?"

No, sickness benefit was a benefit in its own right which was abolished along with invalidity benefit and replaced with ICB in 1995. But ICB was inserted into schedule 4 in its own right.

Fri 15-Jan-10 03:27 PM by murphs

Thanks much