Closure of current CSA cases : gateway process

www.dwp.gov.uk/docs/eia-strengthening-families.pdf

Closure of current CSA cases – the Government will launch the future child maintenance statutory service in 2012, and operate for new applicants only, for a period of at least six months. Once the Government are satisfied that systems are running appropriately, the approximate 1.2 million cases on current statutory child maintenance systems will be closed in a carefully managed way over a two year period. The process of closing existing cases will provide an opportunity for parents to once again consider the most appropriate arrangement for them and their children. It will offer choice to all parents so that those who can collaborate and manage their maintenance arrangements themselves will be helped to do so. Those who can’t will be able to access the new, more efficient statutory service.
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In summer 2011 the Commission will consult on the detail of this process and the order in which cases will be processed for closure.
Current thinking is as follows:
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The Government will write to parents with care to tell them that their CSA cases will be closing three months before the case closure date. At the same time they will be given details of the gateway process and provided with information about the options open to them to support them in making a decision about the future, which may include an application to the future scheme. Special attention will be paid to supporting vulnerable families through this process, building on referral arrangements already in place with Jobcentre Plus and Her Majesty’s Revenue and Customs to ensure that vulnerable families get the support they need.
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One month before the CSA case closes the Commission will write to both the parent with care and the non-resident parent to confirm the case closure date and to remind them of the support available and the application process for the future scheme if either of them wishes to apply."

Thanks for this. I never realised they were closing down. Not that they ever did much good for me.

Yes, thank you for this information. I will need to read and digest it before making proper comment but on first glance they appear to be miles off on the timescales.

When I first contacted them on 6 June 2010 I had been without CM since April 2010. My first CSA CM payment arrived to me on 31 August 2010....... over 3 months later!!!!

3 months notice to set something up voluntarily (not likely), reapply, or go to court is not long enough. 6 months would be a preferred timescale. Backdating payments is all well and good but what are children to live on in the meantime?

The warning lights are buzzing in my head. Lets hope they get this right for everyone.

what worries me is whether there's going to be a 'qualifying period' of time between closing one case and opening a new one - many of us already know that it's pointless even trying to discuss it maintenance with the ex. I think currently if you close a case down, you can't re-open it for 13 weeks? Worrying...

www.childmaintenance.org/en/pdf/research...ion-order-review.pdf

Will this improve things?
2. Introduction
2.1 From 3rd August 2009 the Child Maintenance and Enforcement Commission has had the power to use two new administrative tools called regular and lump sum deduction orders
2.2 The introduction of these new powers marked the first time an administrative body in GB has been given the ability to deduct funds directly from a person’s bank account, without the need to apply to a
court. This has meant that the Commission has pursued an extremely careful approach to implementation to ensure that deduction orders are used correctly and proportionately and that lessons are learned from their use.
........
2.4 Deduction orders enable the Commission to administratively instruct a
deposit-taker, normally a bank or building society, to make deductions in respect of child maintenance from an account held with their organisation by a non-resident parent.
2.5 These new powers enable the Commission to take fast and effective enforcement action at the earliest opportunity against some nonresident parents who will do all they can to evade their child maintenance responsibilities; to collect arrears that have accumulated and to help encourage ongoing compliance."

Having read through the info I think the situation remains the same in that an employed NRP can be made to be accountable, whereas a self-employed NRP can continue to utilise the loopholes and evade their responsibility.

The new rules and powers are designed to enforce the CM evaders. Yet where funds are held jointly, in bonds and shares, or the account is not in credit, there is little that they can do.

If a NRP wants to evade payment then the new powers will make no difference.

The only significant benefit appears to be the speed of the process in taking action, collection, and payment onto the PWC.

The last 2 points serve as a double-edged sword:

21.8 In addition, the Commission is beginning early work with deposit-takers to widen the scope of deduction orders to include more complex accounts, such as stocks and shares accounts. This will enable the Commission to gain access to more funds through the deduction order process and ensure parents are not able to avoid their responsibility to pay, when they have the ability to do so.

21.9 Certain factors do of course remain outside of the Commission’s control. It is the case that significantly fewer non-resident parents have available funds in their accounts than was previously estimated; and whilst the Commission will continue to improve its internal processes there will always be cases where it is not possible to take deduction order action.

Hi,

has anyone seen how they will phase the closure.

If there is a two year window it would make sense to leave those cases that are due to end within that window and concentrate on getting the newest cases first.

Also are they going to move CS1 or CS2 cases first and will there be phasing where the amount goes up or down by more than a certain tolerance level?