CMS Payments

He works full time though as well because he’s on a joint claim he only gets a little top up thought it was flat rate if they got UC with no reported earrings in assessment period

Yes if he gets uc it's the flat rate
Bonkers huh

It’s like looking at something in a different language everything that’s included in the links so
didnt make any sense or help at all sorry

@Collaborate I didn’t find much info in the above links so does this mean if ex works full time, claims pip and UC he will pay the flat rate?

Revisiting this thread due to the misinformation posted originally by a number of posters.

There is a list of benefits that, if the paying party receives one of them, then the flat rate applies. See schedule 1 Para 4(1) of the CSA 1991 https://www.legislation.gov.uk/ukpga/1991/48/schedule/1#:~:text=Child%20Support%20Act%201991%2C%20SCHEDULE,and%20are%20referenced%20with%20annotations.
4(1)(b) refers to those benefits that only the paying parent receives. 4(1)(c) refers to those benefits the paying parent or their partner receives.
The answer to what is in those lists is to be found in para 44 of the Maintenance Calculations Regulations 2015 - https://www.legislation.gov.uk/uksi/2012/2677/regulation/44
This lists carers allowance as falling under 4(1)(b) not (c).

Bloody nightmare how they can get away with paying when he works full time as well but because he gets a top up from UC because his partner is only part time and he claims pip he now says he won’t be paying a penny mind you he was barley paying anything before so it won’t be a massive loss just unbelievable they can get away with it.

Yes I think this is right. The way it reads is the first list is “they or their partner” and the second list is just “they”.

It would be nonsense otherwise.

Sorry to jump on an old thread what happened with this case? My daughters dad works full time has kids with his new partner but claims they get universal credits, pip as well and he claims he won’t be paying me a penny anymore?

@Sueaxlbrick

I've checked the booklet I have. I think your friend is ok.
It says if paying parent gross income under £100
Or
They or partner claim x, y, x benefits
or
They claim x, y z benefits including carers allowance.

So he must be claiming carers. But his partner.

Hope that helps. Would be wicked otherwise!

[quote MyDcAreMarvel]**@SamphiretheStickerist* If the paying parent or their partner are getting any of these benefits, we normally take the child maintenance direct from the benefit or Pension Credit.*
Yes but the “any of these benefits” is a bit that is relevant to them as an individual. It’s really very clear.[/quote]
Quite obviously it is NOT very clear.

Logic tells you one thing but that wording is open to interpretation. ANYONE with an ounce of common sense would ring and check! Especially if their ex has read it in their own favour and is threatening non payment.

It is absolutely shocking if it is as read.

The fact that you can leave your first children, set up home again and support another woman....then be released from paying maintenance to your first child simply because that second woman claims carers allowance - the womans child doesn't even have to be yours!

Absolute madness!

*is a benefit

@SamphiretheStickerist If the paying parent or their partner are getting any of these benefits, we normally take the child maintenance direct from the benefit or Pension Credit.
Yes but the “any of these benefits” is a bit that is relevant to them as an individual. It’s really very clear.

Carers allowance is income based only for the person receiving it. Its one of the very few benefits that works that way. His income will not affect her ability to get carers allowance, and her carers allowance will not affect the amount of child maintainence he has to pay.

Carers allowance is sort of income based I can only earn £128 per week while claiming but if I had a partner his wages are not taken into account

I am a family law solicitor and I represent clients in the child support tribunal.

It’s only if the parent receives caters allowance that the flat rate is paid. Caters allowance is not I think income related.

[quote MyDcAreMarvel]@SamphiretheStickerist you missed out this bit
• or they receive one of the following benefits:

They being the paying parent.[/quote]
That's why I said it is easy to misread it BUT the last line is

If the paying parent or their partner are getting any of these benefits, we normally take the child maintenance direct from the benefit or Pension Credit.

So what seems to be clear at one point is then thrown back up in the air at the next sentence.

I think @Sueaxlbrick is quite right, her DSis needs to contact CMS and get clarification.

My ex got a £0 assessment when he was claiming carers allowance for his step child.

I really don’t see the confusion it very clearly says

they, or their partner who they live with, receive any of the following
income-related benefits:
– Income Support
– Income-based Jobseeker’s Allowance
– Income-related Employment and Support Allowance
– Pension Credit

or
• they ( ie the paying parent)
receive one of the following benefits:
– Contribution-based Jobseeker’s Allowance
– Contribution-based Employment and Support Allowance
– Category A, B, C or D Retirement Pension
– State Pension
– Incapacity Benefit
– Training allowance (other than work-based training for young
people or, in Scotland, Skillseekers training)
– Armed Forces Compensation Scheme payments
– War Disablement Pension
– War Widow’s Pension, War Widower’s Pension, or Surviving Civil
Partner Pension
– Bereavement Allowance
– Maternity Allowance
– Carer’s Allowance
– Severe Disablement Allowance
– Industrial Injuries Benefit
– Widowed Mother’s Allowance
– Widowed Parent’s Allowance
– Widow’s Pension
– A social security benefit paid by a country other than the
United Kingdom.

So for the flat rate to apply it’s the first list either person in the couple receives a listed benefit , second list only the paying parent.

@SamphiretheStickerist you missed out this bit
• or they receive one of the following benefits:

They being the paying parent.

I think he has to be in receipt of Carers allowance himself.

If he's earning a good wage this should not impact him.

He should pay for his child.

I hope there is something missing in that seemingly bald statement of Flat Rate. It seems all sorts of wrong to me.

I hope she gets a better answer fromt CMS themselves.

The England info comes in a pdf - my bold. Again it looks like you have it right and the Flat Rate applies

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672432/how-we-work-out-child-maintenance.pdf

Q: What if a paying parent gets benefits?
A: In most cases, we will know if a paying parent gets one of the
benefits listed on page 23 and 24.
If this is the case, the Flat rate of child maintenance will usually apply
and a fixed weekly amount of £7 will be paid by the paying parent. This is usually taken direct from the benefit. Only one £7 payment will be taken each week, no matter how many children are involved in the case.

10 How we work out child maintenance
We still follow the six-step process to work out a final amount. This is
because the Flat rate can sometimes be reduced if there is shared care.

Weekly amount – Flat rate
The paying parent pays the Flat rate of £7a week for child
maintenance if:
• their gross weekly income is £100 or less
or
• they, or their partner who they live with, receive any of the following
income-related benefits:
– Income Support
– Income-based Jobseeker’s Allowance
– Income-related Employment and Support Allowance
– Pension Credit
or
• they receive one of the following benefits:
– Contribution-based Jobseeker’s Allowance
– Contribution-based Employment and Support Allowance
– Category A, B, C or D Retirement Pension
– State Pension
– Incapacity Benefit
– Training allowance (other than work-based training for young
people or, in Scotland, Skillseekers training)
– Armed Forces Compensation Scheme payments
– War Disablement Pension
– War Widow’s Pension, War Widower’s Pension, or Surviving Civil
Partner Pension
– Bereavement Allowance
– Maternity Allowance
– Carer’s Allowance
– Severe Disablement Allowance
– Industrial Injuries Benefit
– Widowed Mother’s Allowance
– Widowed Parent’s Allowance
– Widow’s Pension
– A social security benefit paid by a country other than the
United Kingdom.
If the paying parent or their partner are getting any of these benefits,
we normally take the child maintenance direct from the benefit or
Pension Credit.