HomeYour caseChild maintenance is changing

FAQs - Child maintenance is changing


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

A. On 27 October 2008 the law on child maintenance changed.

The changes mean parents who in the past have had to use the CSA because the parents with care was receiving benefits are no longer compelled to do so.

If you decide to stay with the CSA we will continue to collect child maintenance on your behalf; or you can choose to leave the CSA and make your own private arrangements for child maintenance with the other parent of your child(ren).

There is a new free and impartial service, Child Maintenance Options, that helps parents make informed decisions about the best child maintenance option for their circumstances.


Q. I am a new client; if I want to make arrangements with the CSA on how can I opt out later if I change my mind?

A. If you are a new client and decide to opt out then you can do this at any time.


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.

Under the current 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. If you are not on benefits, there will not be any change.

If you do receive benefits, and your maintenance payments were worked out under the old scheme (i.e. the scheme that started before 3rd March 2003) any child maintenance collected on your behalf will be paid in the same way that your benefit is currently paid.

If you do not want this to happen please contact us and we can discuss alternatives.


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 child 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.


Q. Why do I have to tell Jobcentre Plus about my Child Maintenance?

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

It will be your responsibility to inform Jobcentre Plus of the total amount of maintenance you receive so they can calculate your benefit entitlement.

If you don’t promptly inform Jobcentre Plus of any child maintenance you receive you will be committing benefit fraud. This may result in legal action being taken against you.


Q. What happens if I don’t tell Jobcentre Plus about any child maintenance I receive?

A. If you don’t promptly inform Jobcentre Plus of any child maintenance you receive you will be committing benefit fraud. This may result in legal action being taken against you.


Q. Who do I have to tell at Jobcentre Plus about my child maintenance?

A. From 27 October 2008, you’ll need to contact your local Jobcentre Plus Benefit Delivery Centre


Q. Why do I get to keep up to £20 per week?

A. Because the law is changing. This means that from 27 October 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.

If you’re on benefit, it will be your responsibility to inform Jobcentre Plus the amount of maintenance you receive.


Q. Does this mean £20 per child per week?

A. This means up to £20 per week per household, not per case or per child.

A parent with care that has more than one case or non-resident parent will only be entitled to one £20 disregard.  If two parents with care live together as a benefit unit - i.e. share a household as partners - then they will also only be entitled to one £20 disregard. Benefits are calculated per benefit unit, or household, not per person.


Q. What’s the Child Maintenance bonus and how do I get it?

A. If you or your partner are on benefits and go back to work, you may be entitled to receive a Child Maintenance Bonus. This is a payment of up to £1000 based on the amount of child maintenance that has been collected for your child(ren).

The Child Maintenance Bonus is coming to an end on 27 October 2008.  You must satisfy the qualifying criteria and will need to have stopped claiming benefits by 26 November 2008, to be entitled to any bonus that you may have built up. You then have a further four weeks to claim the bonus.

The Child Maintenance Bonus is paid by Jobcentre Plus. To claim it, you need to complete the form CMB1


Q. If I choose to leave the CSA, do I need to have a private arrangement in place by then?

A. It may take you some time to think through your options so you may want to start thinking about your choices now.

There is a new and free impartial service called Child Maintenance Options that helps parents who need to think about arranging maintenance for their children.

The service can help you understand what options you have and can help you put a maintenance arrangement in place. The website has useful information about the level of maintenance to pay and how to agree and record your arrangement.

Although you can close your case with the CSA but before you do this you should try to put in place an alternative arrangement so your maintenance payments continue.

Be assured the CSA will continue to manage your case until you tell us otherwise.


Q. If I leave the CSA what happens to any maintenance that I am owed?

A. From 27 October 2008, you are free to leave the CSA even if there is money you are owed.

We will discuss any money still owed to you if you decide to leave.


Q. I don't want you to pay my child maintenance money into my benefit bank account.

A. That's not a problem. Can you ring 0845 600 2423 and give them the details for a different bank account. These calls will be charged at a local rate.