I’m making a claim for Income Support and I’m worried about the Child Support Agency contacting my ex-partner. Can I opt out of applying to the CSA and still claim benefit?
How do I opt out of the Child Support Agency?
You can ask the Child Support Agency to stop acting, ie opt out, at any time. For example, you may already have an application with the Child Support Agency but have just become at risk of harm or undue distress due to the Child Support Agency's involvement because of a recent incident or a change in your circumstances.
You do not have to give reasons for opting out, but if you think that there is a risk of undue harm or distress to you or a child living with you it is important to tell Jobcentre Plus about this as otherwise your benefit may be reduced.
NB: When you opt out, the Child Support Agency must stop any action to calculate and collect maintenance. However, if you do so without Good Cause, a Reduced Benefit Decision may be made.
How to opt out when you are making a benefit claim
You can:
- tick the ‘opt out’ box on the IS/income-based JSA claim form. You do not need to give reasons on the form, but doing so can mean you may not need to have a good cause interview;
- state you want to opt out at the new claims interview or visit arranged by Jobcentre Plus.
What happens when I opt out of the Child Support Agency?
When you opt out the Child Support Agency cannot contact the non-resident parent and will not take any action. If the Child Support Agency already has an application from you, they must stop all action to calculate and collect child maintenance for you.
A Good Cause interview will usually be arranged by Jobcentre Plus by phone or in writing to take place at either their office or your home.
If you have made a new claim and are asked about your reasons for opting out at the interview or visit, you can ask for an extra 14 days to think about it, or ask for the interview to be rear-ranged because it may be inconvenient for you at that time (for example, because your children are present). It is important to use this time to take independent advice about whether to pursue maintenance or opt out. Contact your local Citizens Advice for more information.
Further information
Further information on Child Support Maintenance is available at www.csa.gov.uk
Citizens Advice provides further information at www.adviceguide.org.uk