Voluntary Payments

A question about : Voluntary Payments

Some weeks ago NACSA was approached by a client who had been involved in a thread from this group regarding the allocation of voluntary payments. It would appear that certain individuals on this group had been told by CSA of new legislation stating how even those direct payments that are shown to be Child Support will not automatically be considered as voluntary payment. We contested this, but agreed to raise the issue to CSA Policy unit for their confirmation.

We have today received Policy reply - and whilst it is not legislation - they have new guidelines from September which states that the PWC has to confirm that s/he received the payment as child support, rather than the NRP proving that it was paid as child support.

This clearly undermines the whole principle of moving cases to a private arrangement. NACSA will challenge this guideline, but in the meantime we would encourage any NRP that may be considering a direct pay arrangement, to ensure there is a written statement, signed by the PWC that she is accepting the agreed payment to be paid as Child Support.

Once we have more information, I will try to keep this site updated - but details will also be available on our facebook page....

Best answers:

• It seems they are reverting back to their original position - it was always that the PWC had to accept the money as child support before they would - I did wonder whether they would accept direct payments via bank account this way as anybody could set up payments and label them as child support when it could be for something else. The PWC has no control over what payments are set up as.
• So, have they informed every NRP about this change? No.
• I have made this into a sticky so would be grateful if you could all update it as clarification is recieved as this has the potential to cost a lot of NRP's a lot of money.
• I was under the impression this guidance refers to direct payments rather than voluntary payments. A voluntary payment is one which is made after the effective date of the case, but before the calculation has been done. Voluntary payments can be adjusted off the debt owed at the end of the calculation process (the arrears) provided that proof is supplied. A direct payment is one which is made after the calculation has been done and the collection schedule has been issued, in contravention of an agreed method of collection. So if an NRP has already been instructed to pay through the agency (by direct debit or standing order or whatever the case may be) and the NRP then goes against this instruction and pays the money direct to the PWC, then the CSA needs confirmation that this payment should replace one already scheduled on the system. If the NRP would rather pay the PWC directly, they should request that the method of collection on the case be changed to "maintenance direct" with the PWC's agreement. If the PWC doesn't agree to this method of collection it would be highly inadvisable for the NRP to go ahead and pay directly if they have already been instructed to pay another way.
• can confirn miss bunbury is correct
• So what about maintenance payments already made to pwc before these new guidelines came into force??
• There have been guidelines about Voluntary Payments for years.
  There is a law dedicated to payments that you have made to the PWC in lieu of child maintenance.
  It covers methods of payments, evidence of payment, etc.
  This will be what your after https://www.dwp.gov.uk/docs/o-9401.pdffter:
  Take all advice with a pinch of salt. NO ONE knows all of the CSA laws - despite their good intentions.
  The CSA are rife with maladministration - my policy is to have as much written correspondence with them as possible. Virtually every letter I have has some form of maladministration. And my file is 3 inches thick so far.
  Make sure you go through your old CSA files with a fine toothed comb for cockups. Its almost like they were put there on purpose sometimes.
  I have a letter that says I should pay all of the arrears to my ex, when she was on benefits. For example.
  I have a letter saying my case closed in 2000 instead of 2008. Classic.
  I have another letter saying that they could not accept arrears payments from me of Ј200 per WEEK as it was not enough!!!!
  They didn't recogise that my son was diabled.
  They had my council tax wrong.
  They had me down as having a partner when I was single.
  Your getting the picture.....
  It is also a fact that the CSA have paid out millions in compensation over the years.
• By the way, click on my name and search some of my older posts to get some idea of the advice I've had on this forum.
• I rang the CSA last week and was advised that the government are looking to change the way payments are made.
  At the moment it acceptable for a parent to be paying what they want to in agreement with the mother/father. Because the government are struggling with money they are thinking of the payments to go to them and then to the parent caring for the child, so they make some money from payments and not to give all of payment to parent caring for child, but a percentage, on the scale of 70% to parent caring for child. So Ј20 payments (or whatever agreed) would stop and it would be based on what parent earnt, in all cases. Has anyone been told the same?
• There is a whole thread on it here:
  https://forums.moneysavingexpert.com/....php?t=2986366
• I have just spoken to the CSA and they said they only work for them. I was told to write to my MP.
  At their regional meeting yesterday they thought it would be fair if the NON-COMPLIANT PARENT paid the admin fees. They suggest that we all write in as the more noise we make the more we may get listened to.
  THIS WAS ONLY A DISCUSSION THE CSA HAD.
• I have a voluntary arrangement with my ex-wife. However unlike just paying it, I have a legal agreement stating the amounts to be paid, when to be paid and that it is 'maintenance' for (name of child).
  This document was signed by both of us and witnessed as such, and yes it is legally binding, as it states what redress she has should I fail to meet my part of the agreement also.
  Always get it in writing, signed and witnessed. I know that there are parties out there that may refuse, but when you get the agreement drawn up and sent, explain that without it being signed they will have to revert to CSA, also ensure that when you send it that you tell then to seek independent advice prior to signing.
• do you have a mock copy of this agreement..?
  and who can you use as a witness..??
  and how does this become official and legally binding without a solicitor being involved..?
• could this work..? https://www.nidirect.gov.uk/child-mai...ement-form.pdf
• This is even better.
  https://www.resolution.org.uk/editorial.asp?page_id=335
  If the NRP defaults it's straight to the small claims court. PWC is in control and does not have to deal with the CSA.
  I've just read that nidirect form....for the benefit...edit...'commitment to our children' indeed.
  Fat lot of good that will do if the NRP decides to stop paying.