csa issue

[stu997]

Hi all,

A little bit of advice if possible please.

My ex is still claiming child benefit even though my daughter is 19, not in further education and has a job. Her current hours are 44 per week.

I have informed the CSA of this and they have said as child benefit is still being paid, I have to pay them.

I have reported the ex for fraud to the Child benefit people who are now investigating.

The CSA are continuing to ring me and tell me I need to pay up.

If I do there is no way at all I will get any of the money back off my ex.

What should I do?

Before anyone says I should pay to the upkeep of my daughter I havent got a problem with that. The money paid already to the csa has gone in the ex's pocket and none to my daughter. I want to help my daughter out directly of course!

Please help!!!

[Ros1609]

Not really sure I can help. As child benefit is still being paid then the CSA will chase you until the Child Benefit investigation is concluded. Are the CSA aware there is an investigation going on?

[stu997]

I have not had chance to tell them yet. My solicitor has advised me not to pay as she knows it will be futile trying to get a penny back off the ex.

I dont know whether i can grt the csa to suspend payments pending the outcome of investigation or not.

They wont care at all about me getting the money back or not as long as they get it in the first place.

[Ros1609]

I think you need to send the CSA proof that there is an investigation going on. The outcome as far as I can see will be one of the following:

 

1) Nothing will change and you should keep paying to avoid being stung for arrears

2) The CSA will suspend payments until the outcome of the investigation

 

As for your ex, if she is overpaid then she will be chased for that overpayment just as you would be if you got into arrears. I was apparently overpaid last year and had the overpayment amount deducted from my CSA payments each month until it was paid back.

[stu997]

So,

I wrote a letter to the CSA and have not heard a thing.

I then contacted HMRC, who have confirmed again that Child Benefit should have stopped the Monday after my Daughter started working over 24 hours a week. I asked if this was the case as the hours my daughter's working, are only up till christmas. She will then revert back to her normal less than 24 hours a week unless she gets overtime. They told me that Child Benefit should have stopped, soon as she worked over 24 hours.

I cannot find out anything in regard to their investigation so I have to sit and wait in hope it all gets sorted, and in the meantime just keep paying up,

Is there something like a Complaints Commision for Child Benefit/ CSA I can write to

Or is there anything else i can do other than sit and wait till they bother to do something?

I have thought about reporting fraud to the police, as she is defrauding money off of me. Any ideas whether this would be a successful move?

Would HMRC do something if my solicitor was to write to them?

[antone]

I doubt that the police would be interested - if someone is committing CB fraud or making false statements to the CSA, then the fraud investigators are the people who work for the CSA/HMRC. The police would not normally deal with such things directly.

 

If you really feel something is wrong, I think I'd have to advise starting by contacting your MP in this situation. After all, that's what we pay them for.