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.
Court order for child maintenance incorrectly superseded where the Agency has no jurisdiction
When the Agency makes a maintenance assessment or calculation in court order cases that causes the automatic supersession of any existing court order for child maintenance. So, where the Agency incorrectly makes a maintenance assessment or calculation even though it has no jurisdiction the PWC may lose child maintenance for a period until such time as the court accepts a reapplication. Should this occur, redress will be given for any financial loss after taking into account any payments made by the NRP and any benefits which would not have been made had the court order continued in force throughout.Any special payment would not normally exceed the amount prescribed by the court, unless the PWC provides evidence that a higher amount would have been awarded but for the Agency's intervention.
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.
