How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28273
Experience:  25 years experience of all aspects of family law
13262538
Type Your UK Family Law Question Here...
Clare is online now
A new question is answered every 9 seconds

Hi. A tribunal decision was made whereby a variation was awarded

Resolved Question:

Hi. A tribunal decision was made whereby a variation was awarded and in doing so a recalculation of maintenance through the csa was to be actioned. However, the csa have informed me that in law the variation cannot be applied due to the fact i was and still am in receipt of working tax credits. The csa themselves asked for the decision to be set aside but the tribunal have refused. The csa have advised me to take this to the upper tier tribunal as the csa cannot enforce the variation due to it being wrong in law. Please help, where can i find the exact regulation to strengthen my case to the upper tier tribunal
Thanks


Optional Information:
Province/Country relating to question : UK

Already Tried:
I have searched online for regualtions but cannot find the exact rules that apply when tribunal decisions are made relating to variations
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.

claire :

HI

claire :

Thank you for your question.

claire :

I will do my best to assist but it would be helpful if you could confirm which Tribunal made what decision that the CSA could not action?

Customer:

My husbands ex wife applied to the csa for a re-assessment of his case due to income she believed he was receiving. The csa investigated and found there were no grounds for the case to be re-assessed as all income had been accounted for.

Customer:

The csa sent notification that her application for a variation had failed. After a couple of months had passed his ex-wife appealed the csa decision and again her appeal failed, she then applied to the first tier tribunal for them to look at the decision again. The first tier tribunal then decided that they would actually make a decision to add a large sum onto my husbands earned income figure as they believed he received dividends- which he did not- dividends were received by another shareholder. A decision notice was given on 3/12/12 to state that in order to increase my husbands earned income figure they would do so by applying a "variation" to the csa case. The csa however advised that they cannot action the tribunal decision as it would be "wrong in law", this is due to the fact that variations cannot be applied to any csa case if the person is in receipt of working tax credits. myself and my husband are in receipt of working tax credit and so the csa have advised us to hang fire whilst they pursue the decsion notice made on 3/12/12 to be set aside. They did ask for a statement of reason and then applied for the decision to be set aside and they highlighted their reasons why, yet last week we received another decision notice to state that the First tier tribunal were not going to set aside their original decision. Since then the csa have adivsed us to ask permission from the first tier tribunal to go onto appeal to the upper tier tribunal, they themselves have also requested permission and after i asked my question on here yesterday we actually received in the post confirmation that the "secretary of state" was asking for permission to appeal to the upper tier tribunal, we received copies of the application form completed by the "secretary of state" whom i presume is the csa, and this does again highlight the laws in applying a variation.

Customer:

Sorry, the Tribunal we originally attended was in Blackpool. The csa are advising us that they cannot lawfully amend my husbands case by adding the variation onto it and that is why they are pursuing it further as well as ourselves. They advised that usually a decision made by a tribunal would stand but in this particular case it goes against their regulations. We have never had to deal with anything like this and wondered what if the decision is not set aside? Can the csa unlawfully apply the variation to his csa case? if so then it would be against their regulations and what would we do then to appeal? it is so confusing Thanks for your help

Expert:  Clare replied 1 year ago.
Hi
Interesting.
Does the notice you have received quote the Regulation?
Claire
Customer: replied 1 year ago.


Hi, the original decision notice just states "it is just and equitable to make a variation" But the decision notice that we received last week to confirm the original decision is not set aside states "This is because none of the conditions set out in rule 37(2) is satisfied, there was no procedural irregularity" Then the paperwork we got yesterday states the reasons why the decision needs to be set aside. It quotes that due to being in receipt of working tax credit then in accordance with paragraphs (1)(c) and (5) of regulation 7 and regulation 27(6) of the child support (variations) regulations 2000. It goes onto say that the first tier tribunal erred in law and need to review their decision in accordance with rule 40 of the tribunal procedure (first tier tribunal) (social entitlement chamber) rules 2008.


 

Expert:  Clare replied 1 year ago.
Hi
To an extent you are in a reasonable safe position insofar as all the legal arguments are being dealt with on your behalf.
The fact is the CSA cannot do something that Statute does not allow them to do - so something has to change
Either The CSA are reading their rules wrong (not impossible) or the Tribunal was wrong (equally likely)
Your concern - very correctly - is about the potential arrears which will accrue whilst they are arguing the matter as well as what happens if the Tribunal finds against you.
There is a higher appeals process which you can use - details here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/142639/unhappy-with-the-child-maintenance-service.pdf
Finally you can get a great deal of support from this group
http://www.nacsa.co.uk/
I hope that this is of assistance
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28273
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/hartsol/2009-08-11_134750_s629545647_1406287_2616.jpg jusleen's Avatar

    jusleen

    Family Lawyer

    Satisfied Customers:

    609
    Qualified Family Solicitor practising family law since 1999. Member of resolution.
  • http://ww2.justanswer.com/uploads/griffintigger/2009-2-20_19450_jo1.jpg Joanne B's Avatar

    Joanne B

    Family Solicitor

    Satisfied Customers:

    405
    Qualified 1999 with over 12 years experience in Family Law.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    400
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Solicitor

    Satisfied Customers:

    302
    Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    232
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    179
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)