Arrears of income

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  • #31868
    cheryl b
    Participant

    Hi All

    Bit of advice needed please. We have a customer who has been awarded maintenance through the Court and has been attached to her former husband’s railway pension.

    She has been awarded £75 per month but is being paid a further £75 per month for the arrears which will not be paid off until 2014.

    Looking at the regs it states to use arrears of income for the period to which they relate but that will cause a large overpayemnt which she doesn’t have the means to repay as she hasn’t received the arrears in a lump sum. It doesn’t quite seem right in this instance.

    Has anybody come across this before?

    #42050
    Anonymous
    Guest

    I’m pretty sure it doesn’t count as income until its actually paid, but when it is paid its treated as payable over the period to which it relates.

    So every time she gets £75 for a past period, you would create an overpayment for that specific period.

    Of course this is extremely silly. I’d try to explain up front what will happen, so she knows to put the arrears payment aside. Then maybe revisit the case and calculate the overpayment every 3-6 months or so.

    I’m assuming this is maintenance for her and not for children?

    #42051
    cheryl b
    Participant

    Yes the maintenance is for her – no children involved

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