• Parents with care who are receiving Income Support (IS) or income-based Jobseeker’s Allowance (JSA(IB),) will be required to give their authority to the Secretary of State to seek child maintenance on their behalf unless the Secretary of State is satisfied that, by applying for child maintenance, there would be a risk of harm or undue distress to them or any of the children living with them. This is called good cause, we tell you about this at Question 5.

  If there is no court order for the maintenance agreement between the parents dating from before the child support scheme was introduced in April 1993, the CSA will accept applications from:

• the person with care;
• the non-resident parent; or
• the qualifying child, if he or she is at least 12 years old and lives in Scotland.

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There is no single definition of ‘habitual residence’ but it means more than simply where a person is living. People who are posted abroad with their work but who intend to return to this country will probably still be treated as habitually resident in this country. Decisions will be based on the length of time someone has spent abroad, whether they still have a home in this country and the strength of their ties with the UK. There is a right of appeal to an independent tribunal against the decisions on the CSA’s jurisdiction. (For more information on this matter contact our advice line on 0191 5211123).

If the CSA does not have jurisdiction to assess and collect child maintenance, parents can apply to the courts for child maintenance. It is possible for parents living in this country to seek enforcement of court-based child maintenance in many other parts of the world. Parents who are habitually resident abroad can get the courts here to collect maintenance due from non-resident parents who live in the UK. (DLS has a dedicated overseas maintenance section. Please feel free to contact us).

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The CSA has jurisdiction to calculate and collect maintenance from people employed abroad in the following categories of employers:

• the Civil Service, including Her Majesty’s Diplomatic Service and Her Majesty’s Overseas Civil Service;
• the Armed Forces;
• a UK-based company, whose employees work outside the UK;
• local authorities or the National Health Service, including trusts, as defined in regulations.

Where a non-resident parent who has been living in the UK and paying child support maintenance moves overseas, the CSA will continue to have jurisdiction to collect maintenance if that parent no longer normally lives in the UK, but is employed in any of the above categories.

The child support scheme is intended to ensure that children who are living apart from one or both their parents receive a fair level of maintenance. Parents can still agree between themselves how much maintenance should be paid, provided that the parent with care is not on Income Support (IS) or income-based Jobseeker’s Allownace (JSA(IB). However, people who do not already have a court order cannot usually make arrangements for child maintenance through the courts unless the court is converting a written maintenance agreement to a consent order. Under new legislation there is now a time restriction on applying to the CSA when a Consent Order exists. Please contact our advice line 0191 5211123 for further details.

The courts retain the power (jurisdiction) to make arrangements for child maintenance where the CSA does not have jurisdiction to make a maintenance assessment. For example, this applies where:

• one of the persons concerned lives abroad; or
• where the child is not a qualifying child as defined by the 1991 Act

The courts can also award top-up maintenance (under section 8 of the 1991 Act) in addition to child support maintenance, for school fees, the extra costs incurred by children with disabilities, or because the non-resident parent has a high income. (If you pay court top up maintenance, you might wish to speak to us about how this can be taken into consideration by the CSA).

This means that parents who cannot agree on the regular weekly maintenance due for their children – and those who want to set up formal collection arrangements – must apply to the CSA for a maintenance assessment. There is no set time for applying for maintenance and anyone who is caring for the qualifying child can apply (subject to the rules on court orders). Non-resident parents and qualifying children who are aged at least 12 (in Scotland) can also apply. Parents with care who are on Income Support (IS) or income-based Jobseeker’s Allowance (JSA(IB)) may be required to apply for maintenance when they claim benefit or at any time during their time on benefit.

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The exception to these rules is where a parent with care claims IS or (JSA(IB)) or is living with someone else who claims these benefits. In these cases, the court order or written maintenance agreement as it relates to the children no longer has any effect when a child support maintenance assessment comes into force.

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In other cases, the visiting officer will assess why the PWC believes that by co-operating with the CSA they, or any child living with the PWC, would be at risk of harm or undue stress. This is known as a "good cause" interview. The PWC may ask for extra time to consider their options and a further 14 days is normally allowed for this. The visiting officer will arrange an office interview or another visit after this time.

If the parent fails to attend a re-arranged interview or visit or respond to any contact by the Benefits Agency/Jobcentre Plus, the Secretary of State may impose the requirement to co-operate by sending a MAF and a covering letter. The PWC then has 14 days in which to complete and return the MAF.

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The reduction will be modified where the relevant benefit payable would otherwise be reduced to nil, or less than the minimum amount.

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• PWC moves off IS or JSA(IB) altogether;
• PWC is paid a modified applicable amount in Income Support or income-based Jobseeker’s Allowance because they enter a hospital, residential accommodation, or a residential care or nursing home; or
• ceases to be a person with care or where the sole qualifying child ceases to be a qualifying child.

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An alleged non-resident parent may dispute parentage as soon as they learn that maintenance has been applied for and before a maintenance assessment has been made by the CSA. Parentage being questioned after maintenance payments have already begun is discussed further on.

Parentage disputed before a maintenance assessment is known as a pre-maintenance assessment parentage dispute.

If an alleged non-resident parent denies being a child’s parent, the CSA should discuss this in detail with them, including the reasons for it. The parent with care may also be told about this and asked to comment on your reasons.

Having interviewed you and the PWC about your reasons to dispute parentage and having found them reasonable, you the parent with care and the qualifying child will be invited to undergo a DNA Test.

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A DNA test is therefore a quick and easy way to decide whether an alleged non-resident parent is the parent of a child.

The test will either:

• prove 100% that an alleged non-resident parent is not a parent of the child; or
• show a 99.99% probability that they are a parent of the child.

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If the alleged non-resident parent cannot pay for the test, the CSA may pay the fee. But the alleged non-resident parent must agree to repay the fee if the test result shows that they are one of the child’s parents. This will be at the full rate.

No part of the fee goes to the CSA. It covers the testing company’s charges for carrying out the test and the doctors’ fees for taking the samples.

The current fees for testing three persons (i.e. two parents and one child) are:

£238.69 for the discounted rate – if paid by the CSA.

£286.27 for the full rate – if paid by the CSA.

These costs may be revised from time to time.

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• a letter containing the case reference number;
• the names of those who will be providing samples for the test; and
• how to arrange an appointment to give a blood sample;
• a booklet about DNA testing;
• an appointment form to be returned by the alleged non-resident parent once an appointment for providing a sample has been arranged;
• a list of local doctors who have agreed to take blood samples;
• a doctor's letter in case the person chooses a doctor who is not on the list; and
• a pre-paid reply envelope.

If the alleged non-resident parent is paying for the DNA test, the company will tell them how much they have to pay. The alleged non-resident parent must send this amount when they return the appointment form.

When the testing company receives the alleged non-resident parent’s appointment form it will it will send the same pack to the other parent. Again, this will include the letter, the booklet about DNA testing, an appointment form, a list of local doctors, a doctor’s letter and a reply envelope.

When the DNA testing company has the appointment details; it will send a blood sample kit to the doctor. This is a simple device that makes a pin prick in the side of a finger or thumb. There are different devices for adults, for children over a year old and for babies under 12 months. The doctor will collect a drop of blood on a card similar to blotting paper and forward it to the DNA testing company.

If a person does not wish to provide a blood sample (perhaps for religious reasons) it is possible for a swab to be taken from the inside of the cheek. The alleged non-resident parent, or the parent with care, should tell the CSA or the testing company if this type of test is required. All those taking the test must provide the same type of sample: i.e. all blood samples or all cheek cell samples.

The testing company will tell the alleged non-resident parent to take two passport-sized photos of themselves to the appointment. The other parent will be told to bring two of themselves and two of each child being tested.

These are for security purposes. They are used to identify who provided the sample. For example, if the test proves negative, the CSA may show the parent with care the photograph of the person who provided the sample. This is to check that the sample was provided by the person they named as the other parent, and not by someone else.

Once all the samples have been received, the DNA testing company will notify the alleged non-resident parent, the parent with care and the CSA to confirm that they are ready to start the test. When the test is completed (normally within 10 days) the DNA testing company will send the results by first class post. This will go to the alleged non-resident parent, the parent with care and the CSA.

All information given to the DNA testing company remains confidential. It will not tell anyone the name and address of someone who gives a sample for testing.

The test report will usually only be given to the alleged non-resident parent, the parent with care and the CSA. But it may also be given to a court as evidence in any subsequent parentage hearing. The results will not be given over the phone.

We strongly advise you to talk to our advice line about the DNA test and the effects it could have on the Qualifying Child. There are many issues to consider and our staff has had years of experience in this matter.

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• the test has been conducted by a reputable DNA testing company which adheres to the Government’s Code of Practice and Guidance on Genetic Paternity Testing Services;
• the security arrangements for authenticating samples meet acceptable standards;
• all those involved were satisfied that the test was properly conducted; and
• the test is based on samples from all three parties-- the alleged parent, the other parent and the child. (So-called ‘motherless’ tests are unacceptable for CSA purposes.)

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The circumstances where this can be done are set out in detail in Section 26(2) of the Child Support Act 1991. They can be summarised as follows:

• if the alleged non-resident parent was married to the child’s mother at any time between conception and birth of the child and the child has not since been adopted;
• if the alleged non-resident parent is named as the child’s father on the birth certificate and the child has not since been adopted;
• if an alleged non-resident parent refuses to take a DNA test;
• if an alleged non-resident parent has taken a test which shows that there is no reasonable doubt that the alleged parent is a parent of the child;
• if the alleged non-resident parent has adopted the child;
• if a court has made an order under Section 30 of the Human Fertilisation and Embryology Act 1990 that the alleged non-resident parent is a parent of the child. This could happen if a married couple had a child carried by a woman other than the wife (i.e. a surrogate mother);
• if the alleged non-resident parent is a parent of the child by virtue of Section 27 or 28 of the Human Fertilisation and Embryology Act 1990. This covers situations where a child is born as a result of certain fertility treatments;
• if a declaration of parentage made in a court in England, Wales and Northern Ireland, or a declaration of parentage by a court in Scotland, that the alleged non-resident parent is a parent of the child is in force, and the child has not since been adopted;
• if the alleged non-resident parent has been found or judged to be the father by a court, in proceedings where parentage was not the central issue.

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• dispute the decision to make a maintenance assessment; or
• dispute a maintenance assessment based on one of the presumptions. But the alleged non-resident parent, not the CSA, will be responsible for providing evidence that they are not the child’s parent.

Speak to the Durham Legal Services help line about how to obtain evidence.

They can also apply to the courts to determine parentage. An alleged non-resident parent who disputes parentage must continue to pay the maintenance due. If the dispute is successful, the CSA can pay back any money collected.

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DNA testing may delay the maintenance assessment but it will not alter the date from which maintenance starts. If the alleged non-resident parent is found to be the child’s parent they will have to pay any maintenance due. This will include arrears from the date that the maintenance assessment took effect as well as the fee for the test.

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It is also possible for the alleged non-resident parent, or the person with care, to apply for such a declaration. Non-resident parents may also decide to arrange their own DNA tests – although the CSA may not always accept the outcome of tests that it has not arranged itself.

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The CSA will contact them. It will also refund the full cost of the DNA test if it was a CSA arranged test paid for by the alleged non-resident parent. An interview will be arranged with the parent with care in order to find out who else could be the non-resident parent.

If the alleged non-resident parent IS PROVED to be a parent of the child after a DNA test result, or declaration of parentage:

The CSA can presume them to be a parent and will work out the maintenance due. The alleged non-resident parent can challenge the presumption.

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We will be able to tell you about the following and how they effect your payment:

• housing costs
• income
• mortgage payments on the former matrimonial home
• shared care of my children
• savings
• second families
• new partner
• departure direction
• variation order

All of these issues influence your payment. Please ask our staff to explain how in more detail.

Call Durham Legal Services on 0191 5211123.

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• Ask for an explanation how the decision was reached;
• Ask the decision maker to look again at the decision. There may be some facts you think have been overlooked, or evidence that you think may affect the decision. When you contact the office that sent you the decision, you must say why you think it is wrong, and ask for it to be looked at again. If they decide not to change it you can;
• appeal the decision in writing.

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There are some decisions that you cannot appeal against. For example, administrative decisions about the collection and enforcement of child maintenance. i.e. Arrears, if your problem is arrears you should contact the Durham Legal Services help line on 0191 5211123.

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If you have asked for the decision to be looked at again, and it has not been changed, you must appeal within one month of the date that you are told that the decision will not be changed.

It is important for you to know that if a tribunal makes a new decision, it may either increase or reduce the amount of child maintenance due. This increase or reduction in child maintenance may go back to the date of the decision which was appealed.

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• your child support reference number (this will be at the top of the letter telling you about the decision);
• the decision you are appealing against;
• the date on the letter telling you about the decision; and
• the reasons why you think the decision is wrong.
• You must also sign the appeal form or letter. If you have asked someone to represent you, they can sign the form or letter but you must have told the CSA in writing about your representative.

When you have filled in the form please send it to:

Child Support Agency
Central Appeals Unit
R Block
Government Buildings
Lytham St Annes
FY1 1GJ

If your appeal does not have all the information needed or is not signed by you or the person you have asked to represent you, it cannot be accepted. The CSA will return it to you to complete or will ask you to provide further information within 14 days. If you send back everything that is needed within 14 days, your appeal will be treated as if it was made in time. If you think you cannot meet this 14 day deadline, please tell the CSA straight away. It may be able to give you more time.

If you do not send back the information requested in the time allowed, the CSA will send what you have provided to the Appeals Service. An appeal which has not been made properly (we call this ‘duly made’) will not be accepted by the Appeal Service.

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• you have signed your appeal;
• you have said which decision you are appealing against;
• you have given your reasons for appealing; and
• there is a right of appeal against the decision.

The CSA Central Appeals Unit will also check who else is involved in the appeal (these are called parties to appeal).

Then the CSA Central Appeals Unit will look at the decision very carefully and may also come back to you to try to sort out the point that led you to appeal. If this means the decision is revised in your favour, the appeal will not go ahead.

If the decision is not changed in your favour, an appeal submission will be prepared. The Central Appeals Unit will ask whether any parties to the appeal want their address removed from the appeal papers. The submission will then be sent to the Appeals Service. At the same time, you, and the other parties to the appeal, will be sent the submission and all the papers. You will also be sent a form which asks you for information so the Appeals Service can arrange a hearing. This form also asks you if you want to withdraw your appeal. If you do not, the Appeals Service will arrange a hearing by an independent appeal tribunal.

If the Central Appeals Unit cannot decide if your appeal is duly made it will be sent to the Appeals Service who will let you know if your appeal can be accepted.

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• it has a reasonable chance of succeeding;
• special circumstances exist; and
• it is no more than a year after the time limit for appealing ran out.

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• you have been seriously ill;
• a close relative (your partner or someone dependent on you, like a child) has been seriously ill or has died;
• you live outside the United kingdom;
• there was a disruption of the postal services; or
• there was some other exceptional reason which meant that you could not appeal within the time limit.

The Appeals Service will look at the reasons you have given and decide whether or not to process your appeal. If the Appeals Service does not accept your reasons, your appeal will not go ahead.

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In these cases the CSA’s Central Appeals Unit will prepare a short appeal submission which will be sent to the Appeals Service, and copied to you.

The tribunal may decide that the appeal is misconceived and strike it out. Or, the tribunal may decide that there is some prospect that the appeal might succeed. If so, the Central Appeals Unit will write a full submission for the appeal tribunal.

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The appeal submission and anything else that has been sent in about your case, for example, wage slips or bank statements, may be copied to all parties to the appeal. This is because the Appeals Service, as well as other parties to the appeal, need to have all the information that the decision maker had when the decision was made. However, if you have asked to keep your address confidential, it will be removed to prevent anyone finding out where you live.

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If you are not sure about child support law or any part of the appeal submission, you may want to get independent advice. Durham Legal Services can provide you with this advice. Do not delay sending in your enquiry form. If you think that you might want to send in further information, you can use the form to say so.

You will need to send your comments, extra information or evidence to the Appeals Service Regional Office dealing with your appeal as soon as you can. The address is on the enquiry form. Any extra information or evidence will be copied to the other parties to the appeal.

All parties to the tribunal may make submissions to the tribunal if they wish.

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• the child is no longer in full-time education and is no longer entitled to child benefit payments;
• the child has died;
• the child is no longer under the jurisdiction of the Child Support Act;
• the child is between 16 years old and 19 years old and has a child or is expecting a child of their own;
• the child is adopted

The issue of jurisdiction and having a child of their own is a complex issue. If any of these circumstances apply to your case, you should seek advice from the Durham Legal Service advice line.

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• There is no longer a qualifying child;
• The non-residential parent has died;
• The non-residential parent is no longer a habitual resident of the United Kingdom

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• Arrears of child maintenance;
• Representation at appeals;
• Issues regarding enforcement of child maintenance;
• Issues relating to jurisdiction of the Child Support Agency;
• Departure directions – variation orders;
• Calculating maintenance assessments

Please note this is not a comprehensive list . We can advise on all matters relating to the CSA and Child Support Legislation.

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A Durham Legal Services advisor will then explain to the individual the required course of action needed to rectify their problems. On a number of occasions, these problems require legal representation.

Our fee is a fixed one-time payment; this fee will be agreed upon before any work is undertaken on your case. There are no further fees required regardless of how complicated or lengthy your case may become. Child support cases are time sensitive, so any delay in rectifying a problem could cost you money. Having Durham Legal Services represent you often results in your case receiving prompt attention. You will no longer need to spend time or money on telephone calls or letters to the Agency. Durham Legal Services will do all this for you.

IT MAKES SENSE TO GET PROFESSIONAL HELP.
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