Compensation for Maladministration
Many people who have suffered actual financial loss contact Durham Legal Services requesting our help with the recovery of monies due from the CSA. In order to assist you, this section looks at instances of maladministration which could mean a compensation payment would be considered.
Delay or error in enforcement of child support maintenance liability
Financial redress can be considered where a client has lost the opportunity to obtain child support maintenance because the Agency has delayed enforcement action when:
- there was a reasonable expectation of collecting maintenance and
- when action is finally taken, the NRP has undergone a change of circumstances and is no longer able to pay maintenance and/or arrears of maintenance.
The special payment is calculated by applying the maintenance assessment (or the difference between the court order and the maintenance assessment) where that would have applied to the number of weeks/months falling within the period of lost opportunity, less the waiting period.
Account is taken of any voluntary maintenance paid by the NRP or social security benefit payment made in this period to which the PWC would not have been entitled had a maintenance assessment been in force.
Should you require any additional information on compensation and the amount you would be entitled to, please feel free to purchase an advice voucher and speak to one of our compensation specialists.
