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Home > Publications > Selected cases — Parliamentary > Selected Cases and Summaries of Completed Investigations - November 1997 - April 1998 > C.1501/96
Summary
of Selected Cases
DEPARTMENT OF SOCIAL SECURITY
Delay in obtaining child support maintenance
Matters Considered
Mrs X complained that the Child Support Agency (CSA) had mishandled an application for child support maintenance (CSM), which had prevented her from receiving CSM between 1993 and 1995, and about the fact that the arrangements for recovering arrears from the absent parent (AP) did not adequately compensate her for that loss.
Summary of case
The Commissioner's report on a previous complaint by Mrs X (case C.1128/95) identified maladministration by CSA during the period from March 1994 to October 1995, when they had finally managed to assess correctly the AP's liability for CSM. Arrears of CSM owed to Mrs X for the period 10 February 1994 to 2 November 1995 exceeded £3,500. CSA were attempting to recover that from the AP by means of a deduction from earnings order at a rate of £4.80 a week. On 28 August 1996 a Citizens Advice Bureau wrote to the Member pointing out that the arrears would have been paid at the proper time had it not been for the maladministration by CSA. On 12 September the Member wrote to the then Chief Executive of CSA suggesting that CSA had a responsibility to compensate Mrs X in view of the lack of payment from the AP. The Chief Executive replied that, although Mrs X might not be happy with the rate at which arrears were being collected from the AP, CSA had to make sure that the AP was left with a certain level of earnings after payment of CSM.
Findings
Had CSA acted without mal-administration, Mrs X would probably have received most of the arrears owed to her at the time payment was due. Instead CSA were collecting arrears of more than £3,500 at £4.80 a week from the AP. That did not put Mrs X back into the position she would have been in but for CSA's mistakes and delay; she had lost the use of a significant part of her income over a period of almost two years. I therefore asked the then Chief Executive if she would consider making an immediate payment to Mrs X of the amount of CSM which CSA could have collected for her in the absence of maladministration (less arrears already paid), to be recouped from the arrears payments to be made by the AP. I also asked if, in recognition of the loss of use to Mrs X of that sum up to the date of payment, CSA would consider paying interest on it on an ex gratia basis.
Remedy
Following discussions, CSA agreed to make immediate payments to parents with care of the amount of CSM which they would have obtained in the absence of maladministration, and to pay interest for the loss of use of the money, on the understanding that they would seek agreement from the parent with care that such payments would subsequently be recovered from any payments made by the AP towards the arrears. They agreed to make Mrs X an ex gratia payment equivalent to the outstanding CSM arrears of £3,683.17 due to her and a further payment in the region of £520 by way of interest. In addition, they would pay £81.72 by way of interest on the sums already paid by the AP towards the arrears.
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