Terms & Conditions

[Mel]

I’d appreciate some help with a claim please;
Claimant has written in and advised CSA have started to collect arrears of maintenance at £65.00 per month. However they are arrears as her daughter is now 24. Previously we ended maintenance from 1999 when she advised it had ceased. Do we now take income into account? My insticnt is yes however i’d like to be certain.

[Kevin D]

The difficulty is that the arrears are not in respect of the “now” period – they refer to a past period. If I was representing the clmt, I’d argue that the arrears must be attributed to the period they are in respect of – i.e. wayyy back when. Current income is therefore nil.

In [b:a8be163e61]CH/1561/2005[/b:a8be163e61], the Commissioner found that income must be attributed to the period it is in respect of (barring deeming provisions).

Hope this helps.

[Author]

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