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How do I opt out?
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You can ask the CSA to stop acting, ie opt out, at any time. For example, you may already have an application with the CSA but have just become at risk of harm or undue distress due to the CSA's involvement because of a recent incident or a change in your circumstances.
You do not have to give reasons for opting out, but if you think that there is a risk of undue harm or distress to you or a child living with you it is important to tell Jobcentre Plus about this as otherwise your benefit may be reduced.
NB: When you opt out, the CSA must stop any action to calculate and collect maintenance. However, if you do so without Good Cause, a Reduced Benefit Decision may be made.
How to opt out when you are making a benefit claim
You can: - tick the 'opt out' box on the IS/income-based JSA claim form. You do not need to give reasons on the form, but doing so can mean you may not need to have a good cause interview, see Who does not need to have a good cause interview? below;
- state you want to opt out at the new claims interview or visit arranged by Jobcentre Plus.
How to opt out at any time
You can ask to opt out either verbally or in writing through your Jobcentre Plus office or directly to the CSA. If you are concerned about an immediate risk of harm to yourself or a child living with you, contact your local CSA centre.
What happens when I opt out?
When you opt out the CSA cannot contact the NRP and will not take any action. If the CSA already have an application from you, they must stop all action to calculate and collect child maintenance for you.
A Good Cause interview will usually be arranged by Jobcentre Plus by phone or in writing to take place at either their office or your home.
If you have made a new claim and are asked about your reasons for opting out at the interview or visit, you can ask for an extra 14 days to think about it, or ask for the interview to be rearranged because it may be inconvenient for you at that time (for example, because your children are present). It is important to use this time to take independent advice about whether to pursue maintenance or opt out. Contact your local Citizens Advice for more information.
Things to remember about opting out - You should be given, and have time to read, leaflet CSA 100 Child Support and Your Rights at the Interview before the interview takes place.
- If you have asked for an extra 14 days to think about applying for maintenance, you should not be put under any pressure to provide details to the CSA or be refused this extra time.
- If the visiting officer says your benefit claim will not go ahead or the amount will be reduced if you opt out, this is not correct. There is a chance your benefit will be reduced (see Who will not have their benefit reduced? under What is a Reduced Benefit Decision?), but this is not decided until you have had a chance to give your reasons. Insist on a good cause interview or 14 days to think about it. If necessary, refer the visiting officer to leaflet CSA 100 Child Support and Your Rights at the Interview.
- If you are in any doubt, opt out until you have obtained independent advice. If you do not opt out the CSA may pursue maintenance based on any information they have. You may also have a Reduced Benefit Decision made if you fail to provide information to identify and trace the NRP.
- You can ask for a same-sex interviewer or to have a friend or adviser with you at the interview.
- Delaying the interview does not mean that your benefit claim will be delayed.
Who does not need to have a Good Cause Interview? - People who are living in a refuge. If this is the case, you can provide written reasons as to why you are opting out from using the CSA. Ask your case worker to help you with this.
- People who have previously had good cause accepted due to rape or incest. You must tell Jobcentre Plus if this is the case and that your circumstances have not changed, as the interviewing officer will not know the reason for the previous decision.
- People who apply within six months of a previous claim where good cause was accepted. If this is the case, you should state that your circumstances have not changed.
In these cases Good Cause will normally be accepted automatically, however, it may be reconsidered later, see What happens if good cause is accepted?.
What if it is more than six months since my last claim where Good Cause was accepted?
Unless one of the other reasons apply, you will have to be interviewed and a fresh decision will be made. Even if the circumstances have not changed, you will need to go through all your reasons again as the visiting officer and decision-maker will not know the reasons for the previous decision. Make sure you include all appropriate information and point out that these reasons are relevant to your current situation, as the decision is made by looking at your current circumstances only.
What if I opt out and refuse to give my reasons?
You do not have to give your reasons for opting out, but if you do not the CSA will usually decide you do not have good cause and take steps to make and impose a Reduced Benefit Decision.
Your benefit claim may also be referred to the fraud section at the Jobcentre Plus as they may suspect you are receiving an income that you are not declaring.
NB: We advise it is always better to put forward your reasons for wanting to opt out as if they are accepted, your benefit will not be reduced.
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