11. Reviews

11.1. Periodic (Section 16)

11.1.1. When were periodic reviews suspended? (2001-10-31)

Section 40 of the Social Security Act 1998 substituted a new section 16 of the 1991 Act from 7 December 1998. Together with the Child Support (miscellaneous Amendments)(No 2) Regulations 1998 these appear to end all periodic which have an effective date after 8 December 1996.

It is now up to individual clients to apply for Change of Circumstance (section 17) reviews when circumstances have changed. There is no change to the section 17 tolerance rule.

The next section of this FAQ is left in place for the benefit of people questioning an existing periodic review.

11.1.2. When is a periodic review done? (1999-07-28)

2 years after the effective date of the previous assessment (that is ignoring any intervening Section 17, 18 or 19 reviews). Some exceptions.

In practice the CSA send out packs late. Income and expenditure are assessed for the week prior to the review pack being issued.

The payment rate applies from 104 weeks after the effective date of the previous assessment.

This is unfair if you've had an increase in income between when they should have sent out the pack and when they did. Tough? Yes, it can be.

11.2. Change of Circumstance (Section 17)

11.2.1. What is the minimum assessment change? (1999-07-28)

The CSA will not normally issue a re-assessment unless the difference is at least UKP 10 or the AP's income is at Income Support levels. This is the iniquitous and cynical "tolerance" rule.

The agency does not have to apply this rule. If they choose to do the review under the Child Support Act 1991, Schedule 1, Paragraph 15 the tolerance rule does not apply.

"Where a child support officer is satisfied that the circumstances of a case require different amounts of child support maintenance to be assessed in respect of different periods, he may make separate maintenance assessments each expressed to have effect in relation to a different specified period".

If you have had a review refused because it fails the UKP10 tolerance rule you should ask the agency to explain why it decided not to apply Schedule 1 paragraph 15.

Under the terms of Charter compliance, also known as Open Government, they have to provide the explanation.

11.2.2. Who can ask for a Change of Circumstances Review? (1999-07-28)

Either the AP or the PWC can ask for a Change of Circumstances Review.

In practice the CSA also initiate Change of Circumstance Reviews on being told of errors in an assessment. This is entirely incorrect as the erroneous assessment would be payable until the Change of Circumstance Review was started. If they do this you should complain immediately and start a section 18 review of the original assessment.

11.2.3. What is taken into account in a Change of Circumstances Review? (1999-07-28)

The original reviews were a complete re-assessment. The recent "streamline" reviews assume nothing has changed except what you tell them about.

You should review every fact which was supplied to the CSA in the initial and/or periodic assessment(s) as it is easy to overlook a changed circumstance, e.g. less interest on savings.

11.3. Second Tier (Section 18)

11.3.1. Who can start a section 18 review? (1999-07-28)

The AP or PWC where the CSA got it wrong. In practice the CSA also start the same procedure under section 19.

11.3.2. What must I do to start a section 18 review? (1999-07-28)

Application must be made in writing, giving reasons. The only admissible reasons are that the decision was:

* made in ignorance as of a material fact
* based on a mistake as to a material fact
* wrong in law (includes unfair procedure and badly exercised discretion)

There is no time limit but the fresh assessment will only be backdated to the original effective date if the application is made within 28 days of the challenged decision unless there is unavoidable reason for delay.

The review must take account of changes in circumstances.

11.3.3. What do they mean, only assessments in force can be appealed? (1999-07-28)

Maintenance assessments can only be reviewed if they are "in force" according to the 1991 Act, Section 18(2(b)). "In force" is not defined.

The CSA seem to think "in force" means the current assessment. We think that it should mean an assessment which creates a liability to pay. This is a more common sense interpretation meaning an assessment which has not been superseded.

In any case, assessments which are no longer in force can be reviewed if the application is made within 28 days of notification of the maintenance assessment or where there has been unavoidable delay in making the application for review. This according The Child Support (Maintenance Assessment Procedure) Regulations 1992, regulation 29.

11.4. Initiated by the CSA (section 19)

11.4.1. What is a section 19 review? (1999-07-28)

The same as section 17 and 18 reviews but started by the CSA.

11.4.2. When will the CSA start a section 19 review? (1999-07-28)

It is at the CSA's discretion whether to start a section 19 review.

Generally APs and PWCs will have discovered errors in CSA decisions piecemeal and complained about them to the CSA. Where this is the case it may be advisable to make your own section 18 submission stating all the errors and pointing out why they are admissible reasons for the original decision to be changed.

12. Departures (2001-10-31)

Departures allow the CSA to exercise discretion in taking account of unusual circumstances rather than rigidly applying the assessment formula.

Experience is limited but not encouraging. The departure system is, with the exception of lifestyle and housing costs, mainly cosmetic. Very few departure applications have been granted and the effect on assessments has been minimal.

12.1. What are the grounds for departures? (2001-10-31)

* Special expenses
~ Travel to work costs
~ Contact costs
~ Illness or disability
~ Debts before the parent became an AP or PWC
~ Pre-1993 financial commitments
~ Children of the AP's current family
* Property or capital transfers
* Additional cases
~ Assets not producing enough income
~ Diverted income
~ Lifestyle inconsistent with income
~ Unreasonably high housing costs
~ Partner's contribution to housing costs
~ Unreasonably high travel costs
~ Travel costs allowed unnecessarily

12.2. How high do "Special Expenses" have to be? (1999-07-28)

Unless the combined weekly cost of Travel to work, Contact, debts before becoming an AP and pre-1993 financial commitments exceeds UKP15 per week it will not be allowed.

12.3. Debts before the parent became an NRP(2001-10-31)

The debts must have arisen when the parent and ex-partner were a couple. The debts must have been incurred for the benefit of one of:

* parent and ex-partner jointly
* ex-partner alone
* a child of the parent and/or ex-partner who lived with them
* a child for whom maintenance is being assessed

12.4. What about partners contribution to housing costs? (1999-07-28)

If a parent has a partner and it is reasonable for the partner to contribute to housing costs then the CSA should apportion costs, based on the incomes of parent and partner.

When the partner's income details have not been supplied the CSA must make a reasonable estimate. They have argued that they should apportion costs 50-50 but they lost at appeal.