| |
Changing CSA decisions
|
|
| |
What can I do if I think the CSA decision is wrong?
There are three ways a decision can be changed: by revision, supersession or appeal (see Glossary). This involves asking the CSA, by phone or in writing, to look at the decision again or, if you are making an appeal, to put in writing the reasons why you are disputing the decision. You may be asked to provide more information about why you think the decision should be changed and/or evidence to support your argument.
The decision-maker and/or an appeal tribunal will normally only consider the issue that you say you are disputing so you should give as much detail as possible and make sure you include all the points that you wish to dispute.
If a decision is then changed in your favour you may still wish to take your dispute further if you are still not completely satisfied with the new decision (see What are the differences between revision, supersession and appeal? below). In some cases people may be worse off when a decision is changed, for example, the CSA may notice a mistake that has been made. This will not happen in most cases and should not put you off.
If possible, get independent advice from your local Citizen's Advice Bureau or other advice agency when you are disputing a decision, particularly if you are making an appeal.
Can I ask for any CSA decision to be changed?
Some decisions that the CSA makes may be difficult to challenge, for example, about the way they gather information, collect maintenance and how they enforce payments. However, you may be able to make a complaint about what it has done or failed to do (see Complaining about poor service from the CSA).
How do I know whether to ask for a revision, supersession, appeal or make a complaint?
It depends on what the decision is, why you think it is wrong (for example, has something changed or has a mistake been made?) and when you do something about it.
(Note: in the printed factsheet the following paragraphs are presented as a table but here they are given as text for accessibility reasons.) - Why do you think the decision is wrong?
Something that affects the decision has changed.
When do you dispute the decision?
At any time.
What can you do?
Ask for a supersession.
- Why do you think the decision is wrong?
You think the decision is wrong for any other reason.
When do you dispute the decision?
Within a month of being told the decision.
What can you do?
Ask for a revision.
- Why do you think the decision is wrong?
The CSA made a mistake, has been misled or didn't know about something that would have affected the decision.
When do you dispute the decision?
At any time.
What can you do?
Ask for a revision.
- Why do you think the decision is wrong?
You think the decision is wrong because the CSA has not applied the law or used its discretion properly.
When do you dispute the decision?
Within one month of being told about the decision, and the notification states that the decision is one that you can appeal against. Late appeals are only allowed in limited circumstances.
What can you do?
Appeal to the Appeals Service.
- Why do you think the decision is wrong?
You think the CSA has not dealt with you or the case properly.
When do you dispute the decision?
At any time.
What can you do?
Make a complaint (see How do I make a complaint to the CSA? Under Complaining about poor service from the CSA).
When else might the CSA change a decision?
Even if you haven't asked for it, a decision may be changed because the non-resident parent (or child applicant in Scotland) asks for a revision or supersession. In some cases the CSA changes decisions itself, for example, if it discovers an error or because benefits have gone up.
What are the differences between revision, supersession and appeal?
(Note: in the printed factsheet the following paragraphs are presented as a table but here they are given as text for accessibility reasons.)
What is it? - Revision
The original decision is looked at again to see if it has been made correctly. The new decision can take effect from the date of the original decision. This may be a quicker way of resolving the dispute than making an appeal straight away and you can still appeal if you do not agree with the revised decision.
- Supersession
The original decision is replaced, for example, because there has been a change or because you have missed the time limit for asking for a revision or making an appeal. The new decision will take effect from a later date than the original decision.
- Appeal
Asking the Appeals Service to change a decision, they are independent of the CSA. The new decision can take effect from the date of the original decision.
What do I have to do to get one? - Revision/Supersession
The You can phone or write to the CSA stating why you think the decision is wrong or should be changed. You may have to supply further information. If you don't your request may be unsuccessful. If you phone the CSA, make a note of the date, what you said (it is often a good idea to note down what you want to say before you call) and who you spoke to.
- Appeal
You must complete an Appeal application form. You should get advice on how to do this, as you must include relevant grounds. If you ask for an oral hearing, which is usually recommended, you will have to attend a hearing. Always get an experienced adviser to help you.
Will my confidentiality be affected? - Revision/Supersession
It should not be affected. If information is disputed between you and the non-resident parent, any details passed via the CSA should not enable your address to be traced.
- Appeal
The Appeals Service will ask if you would like any details that could lead to your whereabouts being known to be blacked out in the documents that are sent to all parties involved in the appeal. You must tell them within 14 days. However, the non-resident parent may also attend the hearing.
What can I do if I still think the decision is wrong? - Revision/Supersession
You may be able to: a) appeal; b) make a complaint; and c) go to court in some cases, for example, judicial review, but you will need to see a solicitor.
- Appeal
You may be able to apply to the Child Support Commissioners, but only if the CSA is wrong on a point of law. You will always need specialist advice to do this.
Decisions about reducing your benefit if you get Income Support or income based Jobseekers Allowance
Jobcentre Plus, who pay these benefits, make some child support decisions. If they make a decision to reduce your benefit because they do not agree that you have good cause for not applying to the CSA or because you have not provided enough information (see our Opting Out factsheet for more about this), you can appeal against this to Jobcentre Plus. You can only appeal against the decision to reduce your benefit, not the decision that you have not shown 'good cause' not to apply to the CSA. Always seek advice when appealing.
You can also complain to the Jobcentre Plus if you are unhappy with the way you have been treated by their staff.
|
...Back to previous page
|
|
| |
|
|
|
|
|
