Compensation for Maladministration
Many people who have suffered actual financial loss contact Durham Legal Services requesting our help with the recovery of monies due from the CSA. In order to assist you, this section looks at instances of maladministration which could mean a compensation payment would be considered.
Situations where advance payments of child support maintenance may be given to the parent with care
An advance payment of child support maintenance may be appropriate where:
- clear Agency error or delay caused the accrual of child support maintenance arrears of over £100 and
- it would take more than 26 weeks for the NRP to pay off the debt at his normal payment rate.
In each case:
- the Agency must be satisfied that, on the balance of probabilities, the NRP would have complied with the maintenance assessment had it not been for maladministration. In doing so, the Agency looks for evidence that the NRP has established a payment pattern
- the PWC must have shown an interest in the progression of her case, and
- the PWC must sign a declaration slip agreeing to the Agency's retention of payments or to refund any relevant direct payments.
Allowance is made for the normal processing time involved in carrying out a new assessment and for the recovery of any benefits which would not have been made had the maintenance been paid at the correct time.
Should you require any additional information on compensation and the amount you would be entitled to, please feel free to purchase an advice voucher and speak to one of our compensation specialists.
