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Overpayment and Gifting

The gift that keeps on taking

Some time ago we were conned into gifting an overpayment amount of $1500. After realizing our rights and dodgy CSA tactics we objected to the gifting on procedural and legislative grounds.  Our objection was allowed.

The recipient of the gift is now taking the matter to SSAT.  We don't know much about it at this stage, only that the appeal is regarding the gifting debacle. Our argument is that, in order for the recipient to faithfully accept the gift, she would have had to agree that the assessment which caused the overpayment was correct.

She has since used the amount we paid for CS over 8 months (which caused the overpayment because it was 3 times what my husband should have been assessed at) as a basis for a COA stating that he "found the money to pay it". She has confused 'capacity to pay' with our willingness to pay CS liabilities at any cost. (After rent, CS is our second priority, not our last). CSA happily went along for the ride claiming 'resources'. CSA has not taken into account that those resources involved us incurring major credit card debts, but they would not know this because they did not ask in the conference. How convenient.

Will keep you posted on the idiotic SSAT appeal.

ajae
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