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First Report Session 1998-99
Volume 3 - 1st Report - Session 1998-99
DEPARTMENT OF SOCIAL SECURITY
Errors and delays in the payment of child support maintenance
Matters considered:
Miss A complained that the Child Support Agency (CSA) failed to make a valid maintenance assessment (MA) after she had asked them to re-open her case and that she lost child support maintenance (CSM) as a result. She also complained that CSA's subsequent delays and their failure to enforce payment meant that she was deprived of regular CSM payments.
Summary of case
Miss A withdrew her application for CSM for her son in November 1994 and CSA closed her case. Shortly afterwards she asked CSA to continue with her application. In February 1995 CSA sent a maintenance enquiry form to the absent parent (Mr X) and they completed a MA in May. When reviewing the MA in December 1995, CSA decided that it was wrong in law because there had been no valid application in existence. They sent Miss A a new maintenance application form (MAF) and made a MA in March 1996. CSA issued a deduction from earnings order to Mr X's employers in June 1996, but the employers made no payments under it although Mr X began making payments voluntarily in January 1997. Miss A submitted a claim for compensation from CSA in January 1996 which they initially rejected in October 1996.
Findings
CSA's fundamental error was in failing to issue a fresh MAF when Miss A asked them to reopen her case. They also took too long to carry out reviews of the MA, to respond to Miss A's request for a different payment method and to submit her application for a departure to the Independent Tribunal Service (ITS). However, CSA could not be held responsible for the failure by Mr X's employers to comply with the terms of the DEO or for delays for which ITS have since acknowledged responsibility.
Remedy
The then deputy Chief Executive apologised for CSA's errors and delays and ITS apologised for their delays. CSA made ex gratia payments totalling £6,313.99 to Miss A in compensation for the CSM she had forgone as a result of their errors, the loss of use of that money, the additional telephone and postage costs which she had incurred and the gross inconvenience she had suffered.
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