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FAQs - Child maintenance is changing


Q. What are the changes in the law on child maintenance?

A. On 12 April 2010 the law on child maintenance changed.

The change means that parents with care who are on benefit can now keep all of the child maintenance they receive and it does not affect their benefits.

In the past, if the parent with care or their partner was getting income-related benefits and was getting child maintenance, the parent with care may not have got their full amount of benefits.


Q. Have you contacted the other parent of my child(ren) about these changes or passed on any details to him / her?

A. No. A letter was sent to the parent with care during the summer explaining the changes but not to the non-resident parent.


Q. Do these changes in the law affect the way the other parent of my child(ren) pays my child maintenance?

A. No. These changes do not affect the way the non-resident parent pays child maintenance under the CSA's existing statutory schemes.

We will continue to collect your child maintenance from the non-resident parent as before. Or, if the other parent pays you directly, he or she will continue to do so.


Q. Does the change in the law affect how I receive my child maintenance?

A. No. Parents with care will receive their maintenance in the same way they do now.


Q. Don't you already pay my child maintenance directly to me?

A. If you are on benefits you may not receive full child maintenance payments as well as your Income Support or income-based Jobseekers Allowance. This is because the Government keeps some of the child maintenance money paid by the non-resident parent to make up for the money paid as benefits.

Instead, you receive whatever benefits you are entitled to, plus a child maintenance premium. This can be any amount up to £10 a week of hild maintenance that the non-resident parent pays to us.

From October 27 October 2008, you can keep up to £20 a week of any child maintenance paid before it affects the amount of benefit you may receive.

Old scheme example:

Prior to the 27 October while you were on benefit you received no child maintenance, regardless of whether any was collected on your behalf.

From 27 October 2008, the Child Support Agency will pay all child maintenance received directly to parents with care.

It will be paid straight into the bank account where your benefit is paid, unless you tell us otherwise.

You will be able to keep up to £20 a week, of any child maintenance paid before it affects the amount of benefit you may receive.

It will be your responsibility to inform Jobcentre Plus of the amount of maintenance you receive.

New scheme example:

Prior to 27 October 2008, the CSA might have collected £30 a week from the other parent of your child(ren).

If you received Income Support / Jobseekers Allowance, you would receive £10 child maintenance and the other £20 would have been kept by the Government to help pay your benefits.

Now, from 27 October 2008, the Child Support Agency pays all child maintenance received directly to parents with care.

It will be your responsibility to inform Jobcentre Plus of the amount of maintenance you receive.

You will be able to keep up to £20 a week, of any child maintenance paid before it affects the amount of benefit you may receive.

If you're getting more than £20 a week, you continue to receive any maintenance payments and your benefits will be adjusted accordingly.