The Tribunals Service handles appeals relating to child support decisions, both those that are made by the Child Support Agency and Jobcentre Plus. The tribunal can also vary decisions made by the CSA and Jobcentre Plus. If the tribunal makes a decision that is wrong in law, this can be appealed to a child support commissioner.
Timescale for Appeals to be Made
Appeals must be made within one month of receipt of notice of the decision, which is deemed to be the date when the notice is issued. An appeal may be lodged outside the time limit (‘out of time’), but only by making a written application, which must comply with certain requirements. In these circumstances there must be compelling reasons to allow an appeal to be considered, and the later the appeal, the more compelling the reasons must be.
Evidence for the Appeal
The CSA will prepare a submission, which will vary in length depending on whether, in its view, the CSA considers the appeal to have merit or not.
When you decide to appeal a decision, you should consider whether or not you have any further evidence that you want the tribunal to consider in relation to your case. You should also give thought to whether or not you have any witnesses. If you require further information or evidence from another source, you can ask the tribunal to give a direction that the information should be released for the purposes of your appeal.
Appeals can be struck out by the tribunal’s clerk in several circumstances: if the appellant does not pursue the appeal properly; or by failing to comply with a direction given by the tribunal (if it has been specified that such failure will result in a striking out), or if the appellant doesn’t notify the tribunal that he/she requires an oral appeal hearing.
Hearing the Appeal
Either party in an appeal can apply for an oral hearing. In the alternative, the tribunal can direct that there is a need for an oral hearing. In all other cases, the appeal will be decided on the papers. Hearings are usually held in public.
The Appeal Decision
When the evidence has been heard and submissions read, the tribunal members will consider the case. The decision will usually be provided to all parties on the day of the hearing.
Appealing a Decision in Law
If the tribunal makes a decision that is wrong in law the decision can be appealed to the child support commissioner. This is not an appeal that can be made on the facts of a particular case, but must essentially be on the basis that the law relating to the decision was either misinterpreted or used incorrectly in the appeal. Either party can appeal a decision in this way.
In order to appeal a point of law you must first obtain permission from the tribunals service to do so, and within one month of the tribunal’s decision. Unlike other appeals, these cases are usually determined with written submissions only. However, some cases do have oral hearings, in which case the commissioner usually reserves the decision to a later date (i.e. does not provide a decision there and then in relation to the outcome.)
As per my last entry on the 2 March 2012 further news regarding the CSA and their handling of my case!
The case was moved to be heard at tier Two Tribunal.
I and my legal team are still waiting for the result of the hearing.
Even though the CSA know there is an ongoing tribunal they still went ahead to court yesterday in my absence with out even notifying me that they were going to court, and a liability order came in the post today!
I have documentary prove from the CSA to my MP, that thay admitmit that they failed to notify me back in 2007 that my "ex"had gone to the CSA with out telling me!
What my "ex"failed to tell the CSA was that we had made our own agreement and my EX was paying me the Non Res Parent £50 per week for two and a half years!
Because my son lived with me for three nights a week and I took him to school for three days a week Tue Wed and Thursday.
Now the CSA say I owe her £6825,
I was made redundanttwo years ago and I am on JSA. I an on a zero rating forCSA according to the CSA!
They even tried to take £35 from my JSA and were forced to pay that back to me as they should have only taken max £5 per week than they found out that I should be on Zero rate CSA as all along the line they made mistake after mistake.
I can even prove today that they lie on the phone.
I was told my case worker was not at work today even though I had just got of the phone and was speaking to her less that ten minutes earlier.
So there you have it The CSA are blatantliers!
So I am now going to take them to ECHR and sue them for malpractice..all being well.
I nearly called the Samaritans today as I cant take any more CSA lies!
Regards to all fellow NRP and (Dads)
IWill keep you posted from prison!
Flaminscoty - 27-Mar-13 @ 9:55 PM
My case against me has been closed by the CSA due to me being a non resident in the UK, I have a foreign bank account and get paid in dollars. My case is about to be heard in a Tribunial and Im worried about the out come as Im unable to attend due to my work and the fact I live overseas, I also own a propety in the uk.
NOV - 4-Jul-12 @ 2:36 PM
Hi have decided my marriage can no longer go on due to alcohol problems with my husband hes be to aa but didnt think much of it he only went once
The problem I have is that I dont think he pays tax or anything so he doesnt exist how would I be able to make any claim in this case
I have 2 children a son age 4 and daughter age1 and am not working I worked for 18 months and paid my tax which was not much as only worked 2 days a week which I intend to do once my daughter reaches 18mths
gem - 15-May-12 @ 12:37 PM
@Beebo123 - it's unlikely your ex will have that amount to give you as a one - off, so it's more likely it will be taken (and paid to you) in installments.
Windfall - 15-May-12 @ 10:33 AM
hi can someone please help, my csa assessment has just been changed and after months of communication i have now been informed that i am owed over 5,000 from the absent parent in arrears, does anyone know how this is usually paid, will it be in a lump sum or weekly on top of the normal csa payments, im very confused with it all..
thanks in advance for any help
beebo123 - 14-May-12 @ 4:37 PM
I don't find fathers or the CSA a joke.My son is certainly not laughing. He has shared the care of his children for almost 50% of the time, sharing costs of clothes and holidays.By the time he stumps up to his ex. he is left with less than £200 per week to pay all his bills and feed his children when they are residing with him.
His ex. is doing fine. She is a full time teacher on a good salary, claims all the child benefts and has a partner who shares her household bills and who is 'not really living with her'. She is continually crying poverty.
I don't blame the CSA. They are operating within the law.The law needs to be changed to protect by the NRP and the PWC.
browned off - 22-Apr-12 @ 6:47 PM
You men are a joke! Don't have a child if you can't support it! All you do is moan about how hard you have it....doesn't your child deserve financial support from you?
My daughters father refuses to pay the CSA, claims he can't afford to give anything yet he goes abroad on holiday and buys new tvs and goes to the pub.
I call them every week and get fobbed off over and over and he gets away with it month after month and no one cares.
You fathers and the CSA are a JOKE!
Michelle - 9-Apr-12 @ 12:49 PM
I have been to court and was ordered to pay £100 per week off my arrears. I had to agree to this or i was going to prison for 42 days. The experience really frightened me as I have never been to court prior to this.
At the time i could afford to keep up the payments as i had a reasonable wage coming in. Then I lost my job and lately everything has gone from bad to worse after a long period claiming job seekers. My house bills mounting and struggling with every day,i took a local low paid job to try and make ends meet. I am still in arrears with utility bills and rent and can’t really afford to buy food.
I have not been able to pay the amount and have now received an enforcement notice again.
Can i explain to them in writing about my change in circumstances and renegotiate a new payment or am i going to prison for being close to the bankruptcy?
Any help in this matter would be grateful. If i require legal help could anybody suggest someone to help.
If i go to prison that will mean yet another home lost, another job lost, another basic life lost yet again!!
Chippy - 8-Apr-12 @ 10:23 AM
Hi i have recently had a pre tribunal case turned down due to Out of Time, my complaint is CSA were asked to reassess me May 2004 they waited sixteen months before looking at my assessment , in Sept 2005 i was told i had 7500 arrears. I won maladministration due to time lapse.I have never received a breakdown of arrears or notification letter. I have sent many complaint letters covering how arrears had accrued, amongst other things. In December 2007 i received a letter from CSA stating wrong dates had been used for assessment and ICE would look at this in more detail. Which they didn't, although my question to ICE was how arrears had accrued?In my pre hearing i claimed due to incorrect dates being used this was a Clerical Error, therefore could not be Out of Time, this was ignored by the Judge, on numerous occasions. Also the CSA said the decision letter 2005 was sent to an address i hadn't yet moved to, then changed the address during my first hearing which the Judge had adjourned. The CSA case book notes also show they have been updated to include both addresses. When in the court i feel if i have something important to say, the Judge just ignores what i say.
Lloydy - 2-Apr-12 @ 3:18 PM
I am living in Australia, my daughters father is in the UK she is now 15 yrs old, he is now over $20,000 in arrears how can I get this back off him as he is self employeed, he told me he would never pay that money back to me. She was 7 yrs old before he started paying anything for her.
Im am under the CSA here in Australia but all they do is send hima statment saying how much he owes , no thing about paying off the debt ehat he also owes.
MissB - 26-Mar-12 @ 7:37 PM
The CSA have admitted three times in writing to me and my MP that in 2007 they failed to contact me to say my ex had started a claim and they made an assessment back in 2007 and now are taking me to court for the sum £6825.
My MP pointed out to these people that back in 2007 by failing to contact me thay had prevented me from making any payment by failing to contact me and they have admittedd that they made the mistake not me, but they now insist that I must pay them now and are taking me to court!
Every time I try to talk to these idiots I get the same nonsense thrown back at me. So competant are the CSA, they had to write apologizinging for getting my Son`s name wrong on the enforcement notice!
So if my ex contacted the CSA and said she wanted crown julesthen accordingding to the CSA I will be paying a night time visit to the Tower of London with a bag of swag and a face mask on!!
flimscotty - 2-Mar-12 @ 5:22 PM
i am on income support will any of that chance if i start gettin csa for the father?
loz - 31-Jan-12 @ 5:21 PM
i get a pension from the nhs i am diabetic with a severe disability and wont be able to work agan the csa have got a deo of my pension of 160 pound a month after my expense i have no money to live on help please where do i stand when i spoke to them i was told thats my problem
foz - 2-Oct-11 @ 10:25 PM
I am trying to reduce costs in a CSA appeal waiting to be heard at a First Tier Tribunal.Is it possible for me (as the PWC bringing the appeal) to apply to the Tribunal for directions rather than have my solicitor do it.If so, how do i go about it, do I merely write a letter to them requesting that they ask for the particular items in questions i.e Tax Returns, Bank Statements etc?
Thank you.I look forward hearing from you.