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.
Imposition of defective or invalid interim maintenance assessment (IMA) (extra-statutory payment)
Since 16 February 1995, there has been provision under Child Support legislation to correct an IMA that is found to be defective. However, where a defective IMA was in place before that date it can only be corrected from 16 February 1995. In such cases the period during which defective IMA has to remain in place is known as an IMA gap. Although the IMA cannot be replaced for that period it cannot be enforced.The Agency will consider making an extra-statutory payment in IMA gap cases providing:
- the maintenance is due to be paid to the PWC and not the Secretary of State
- the NRP is complying or has complied with the Agency's assessment (either a full maintenance assessment or an IMA) sufficient to have established a payment pattern or there are good reasons to believe he would have done so, if the Agency had taken steps to collect maintenance
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.
