What if the PWC is defrauding the benefits system?
The AP could write to the CSA and tell the DSS via the National Fraud Hotline, keeping their MP informed. The CSA are unlikely to be interested but they should be. Any income the PWC has is ignored if they are claiming benefits. If they do have income which is ignored this way then the AP’s assessment will be higher than it should be. On this basis you can appeal any resulting assessment quoting the phrase ‘departure from the formula assessment’. An assessment made when benefit is incorrectly paid to the PWC should be set aside according to a Child Support Commissioner’s decision. Unfortunately this decision was reversed in June 98 by the Court of Appeal but this latter judgement may have been flawed. By the time the AP gets to tribunal (note the implicit assumption that the CSA will not set aside the assessment!) the DSS should have investigated and taken the PWC off benefits. That’s the evidence needed for the tribunal.
