ionetics

Unreliable and possibly off-topic

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Thursday, January 05, 2006

Hokey cokey, pig in a pokey


Jesus fuck, I haven't signed on the dole in over 20 years and I am afraid, very afraid. But my recent unemployment, most probably temporary, means that I really must report down to the stalinist building known in my day as the DHSS, now the DWP, to claim my due after 20 years of NI contributions.

I've been trying to familiarise myself with the current rules and pitfalls of JobSeekers' Allowance, in preparation for filling out my forms and attending a later interview for this state benefit. Since I've been working and paying NI for 20 years (including during my childbearing years), I've earned the pittance the state will pay me.

However, even a temporary state of unemployment may well have secondary impact on my former husband and father of my kids, which seems to me quite unfair and punitive to him, and which may well erode our working co-parenting relationship.

When we separated, our lawyers, the sheriff and we agreed that since that we earned the same amount, and both wished 50/50 custody, no exchange of maintenance was required. This was fair at the time of separation, and as far as I am concerned should also remain true now, 6 years later. My ex continues to care for and financially support his kids for at least his full 50% of the bargain. However, my reading of JSA and CSA rules implies that since I'm entitled to additional allowances for childcaring (50%) they may well claim these back from kids' father. The rules as seen at the CSA website imply that he'll be excused maintenance payments for his half of the week, but will be 'taxed' for the maintenance resulting from my half of the week, so in fact he's paying in total 100% of child maintenance through no fault of his own.

In marginal cases of 50/50 custody like ours, the CSA appears to arbitrarily decide who is the 'responsible parent' on the basis of to whom the child benefit is paid. Since the Child Benefit agency selects the mother as recipient in marginal cases, their bias has already compromised my former husband's standing, although in fact I transfer by standing order 50% of every month's child benefit to him, to reflect the real, shared care, and not the nominal care arrangement.

This infuriates and frightens me. I'm now worrying whether I need to warn my ex that the CSA might be after him, when he's done nothing wrong and according to our own legal agreement owes me nothing. How am I to remediate this kind of unintended fallout of a personal decision? My only comfort is that the CSA are so fucked up they'll lose the case. However, I'm also wondering whether to practice an active defense, and to deny any knowledge of my ex's whereabouts, and to suggest that he's emigrated to Iceland. If any visitors here are acquainted with unemployed' rights in Scotland, advice on the best slant to take would be most appreciated.