c.s.a powers

could anybody tell me if my employer has broken the law. The c.s.a approached my employer and have obtained copys of my wage slips totally without my knowledge or consent.Surely this is in contravention of the data protection act? After all it even says on the wage slips, private and confidetial.
Cheers

Dave

No. Under the law employers are obliged to give this information to the CSA when requested.

Fiona wrote:

No. Under the law employers are obliged to give this information to the CSA when requested.

Thank you for that Fiona but there seems to be a very grey area. i have been doing some research and now on more than a couple of sites i am getting this quote


This page is designed to help Employers who are contacted by the CSA in order for them to find out employee details. It is now CMECs first port of call when trying to recover arrears or normal payments when the non resident parent is Pay As You Earn (PAYE).



The CSA are informing payroll departments that it is law that Employers must pass on employees income details, and if they don’t then employers can be fined up to £1000. We cannot stress this enough that this is NOT a law, it is only Statutory Legislation which only becomes a law if you consent to it.



Having done thorough research which we had backed up by two leading solicitors it can now be confirmed that no employer can be fined by the CSA or the Courts. Giving out your employees details to such corporations such as the CSA, Councils and the courts could lead to you being prosecuted by your employee for giving out their personal information without their consent.



If any employer receives a Deduction of Earnings Order you should refrain from paying out any monies unless the employee consents to it or the CSA have provided you with hardened evidence that the employee is the liable person. This should be by way of proof by DNA test results or by written confirmation by your employee that he agrees they are the parent.



Employers should note that a copy of a birth certificate is NOT proof that anybody is the parent of any child, as the Birth Certificate cannot prove identity of anybody, and it clearly states on birth certificates that they are not to be used for identification purposes.

Hi V8Dave,

I'm guessing the CSA have been involved and have gone directly to your employers because you are not paying CM for some reason.

Is the reason because you suspect the child(ren) are not yours?

WR

v8 dave to my knowledge employers do provide this information when asked to confirm proof of earnings also if you cannot provide wage details or it can only happen when you are not paying for the children which i suspect is what has happened with you

Statutory legislation is the written law established by enactments expressing the will of the legislature. The legislature is the elected UK Parliament, although certain powers are devolved to England & Wales, Scotland and NI.


Under s15 of the Child Support Act 1991 it is a criminal offence for any person to:

* intentionally delay or obstruct any inspector exercising their powers

* without reasonable excuse, to refuse or neglect to answer any questions or supply any information or to produce any document when it is required.


Under s32(8) of the Act any person failing to comply with the requirements of a deduction from earnings order is guilty of an offence.

Hi v8Dave,

I went back and read your threads and understand your frustration with the CSA.

Reluctantly I have to support Fiona's view regarding statutory legislation and enabling legislation in this instance.

However you are right that an employee can take issue with an employer for releasing certain information. If the employer has done it correctly they would probably defeat the action, but they could be between a rock (employee) and a hard place (CSA). It is always best practice for the employer to consult with the employee of the request for info and especially important to advice them that a DOE order has been received.

If you are on the end of a Deductions of Earnings Order you have the right to appeal as you probably know (typically via magistrates court.)

There are plenty of parents who do not pay on time via the CSA and interestingly enough there is a higher proportion of NRP mothers than NRP fathers in that category (as in my case). That does not eman taht every person chased by the CSA is a deadbeat, god knows the CSA is more than capable of technical errors and the adminsitration of weird rules.

Some of the CSA rules are truly mental.
There are no other words for it. If you pay too much or in advance without clearing it with the CSA (or paying it to the CSA) it is counted as a gift. So if the PWC said I am a bit short this month, could you pay me this months amount and half of next months amount and you did, the PWC could turn around and say you still owe me all of the next month's money because the extra you gave me was a gift.

You are also correct that if they screw up and can't find payments they just go back to the payer and say you still owe the money.

It is a shame because the idea behind CSA is good and most of the people I have dealt with are genuine (but...) and I think you know the rest.

Good luck in trying to sort out your situation and do keep us informed. I am sure that you were not advocating non-payment of CSA where due, just the opposite,
best regards,
Perry