Offsetting powers
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Powers of Offsetting
CMEC have also introduced the ability now for offsetting - which is a measure that we welcome. Yes sometimes they can make positive decisions!
Offsetting will be applied in two different situations:
1. Where children of a relationship are split between parents:
Currently, if both parents are PWCs to some of the children, and NRP to others - each person has to make an individual claim, which has to be individually administered. This can often result in one party being charged for maintenance, whilst not seeing maintenance coming in. We also witness too many cases where CSA officers are keen to only pursue one application, and leave the other at the bottom of a filing tray. Offsetting will now prevent such problems.
In cases such as this whilst both parties will still have to make their own applications for maintenance - CMEC will now offsett the case with the lower maintenance from the case with the higher maintenance so that money should flow more smoothly to ALL the children of the relationship.
2. Offsetting Debt:
Although this may not be applicable in all cases, where there has been a change of roles for NRP to PWC (ie; father was the NRP, but now becomes the PWC) but where debt is owing to the original PWC (ie the mother), maintenance payments can be reduced to recover the outstanding arrears.
CMEC will not require the consent of either party to allow the offsetting - but notifications of the intention to offset will be given to both parties. Either party has the right to object to the decision to offset, and due consideration will be given to the facts presented. Objection to offsetting can also be raised at any point in the future should circumstances change where the decision is perhaps no longer appropriate.
There may also be occassions where the NRP has paid for certain bills or other expenditure on behalf of the PWC which can be considered as being offset against any outstanding debt. Unfortunately, despite NACSA and many other groups requesting that the list for such payments should not be restricted - CMEC have set only certain bills/expenditure to be allowed within the offsetting option.
We hope to see the option of Offsetting to be used fairly, and consistently so as to avoid a situation of yet another measure being abused and thus inefficient.
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