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.
Unreasonable delay in the issue of a Maintenance Enquiry Form (MEF) to the Non-Resident Parent (NRP)
A delay in the issue of the MEF to the NRP can put back the effective date from which the non-resident parent's liability for child support maintenance commences. The issue of a MEF should not therefore be unreasonably delayed. Once the MAF is received from the PWC, the Agency needs to make checks before a MEF can be issued. The time needed at this initial stage will depend on whether further action is required and whether or not a court order for child maintenance is already in place.Since 1 April 1996 the Agency has accepted that where no existing court order is in place for child maintenance and no further action is required on the MAF, a MEF should be sent to the NRP within a month of receipt of the MAF (unless the NRP's whereabouts cannot be established).
The Agency has accepted that if in such cases and without good cause, a MEF is not issued within a month then redress should be considered.
The Agency received a MAF from the PWC on 28 October 2004. There was no existing court order for child maintenance and no further action was required on the MAF.
The Agency should have sent a MEF to the NRP within a month that is by 28 November 2004, but did not issue one until 19 December 2004 (three weeks late).
It is reasonable to assume that had the MEF been issued three weeks earlier her ex-partner (the NRP) would have become liable for child support maintenance three weeks earlier than he did.
If his first liability was assessed to be £30 a week the PWC could have expected to receive £90 from the NRP in the three weeks concerned and the Agency would make good that loss.
In the same way, where either a court order for child maintenance is already in place or further action is required on the MAF, an MEF should be sent to the NRP within two months of receipt of the MAF. If you want further information about the time allowed for assessing court order cases, please purchase an online Advice Voucher and contact Durham Legal Services who will be able to advise you correctly based on your individual circumstances.
The Agency received a MAF from the PWC on 4 September 2004. She already had an existing court order for child maintenance at £25 a week. No further action was required on the MAF.
The Agency should have sent a MEF to the NRP within two months, that is by 4 November 2004, but did not issue one until 16 December 2004 (six weeks late).
It is reasonable to assume that had the MEF been issued six weeks earlier her ex-partner (the NRP) would have become liable for child support maintenance six weeks earlier than he did.
If the maintenance assessment was not made within 20 weeks and his first liability was assessed to be £35 a week, the PWC could have expected to receive £210 from the NRP in the six weeks concerned However, the NRP will only have been liable for £25 a week in those six weeks under the court order so he will only have been liable for £150. The Agency would make good the £60 lost.
Where both a court order for child maintenance is already in place and further action is required on the MAF, an MEF should be sent to the NRP within four months of receipt of the MAF.
In some cases the PWC will have been receiving a benefit that would have been reduced if the NRP paid child support maintenance. In these cases her true loss has been lessened to some extent (sometimes removed altogether) by the Secretary of State awarding her more benefit than would have been the case. Any special payment will be reduced to recover the extra benefit that the Secretary of State has paid. That is to make sure that the PWC's position is properly restored to the position that it would have been but for the Agency's failing.
If the Agency calculated that the PWC had lost the opportunity to receive an extra £10 a week in child support maintenance and if she had been in receipt of an income related benefit which would have reduced by any child support maintenance paid then any special payment will be reduced in the same way.
If the Agency calculated that the PWC had lost the opportunity to receive an extra £40 a week in child maintenance it then considers whether that would have affected any benefits paid. If it would any special payment is reduced in exactly the same way.
If, for example, the PWC would have had her benefit reduced by £30 a week then her loss is the £40 a week less £30 a week (that is £10 a week).
Similarly, if her benefit would have reduced by the full £40 a week, a special payment will not be made as the lost opportunity to receive child support maintenance has already been made up through the payment of that sum through higher benefits.
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.
