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CMS Payments

38 replies

Sueaxlbrick · 07/02/2022 12:17

My friend has called me today to ask if I can help her find out the answer to this issue and I am not getting very far looking online.

She gets child maintenance from her ex and, although she went through the CMS initially, they came to an agreement and he pays her directly each month.

He has another child that he lives with and this child has recently been diagnosed with ASD and is now receiving DLA. Her ex has now advised her that his wife is applying for carer's allowance and that, if this is awarded, his payments to her will go down to £7 per week.

I have looked online and found that it does say the paying parent will only pay the flat rate of £7 per week if they or their partner is receiving carer's allowance. Does anyone have any experience of this? I dont even know if she's entitled to carer's allowance so it may never happen but I am just trying to help her get as much information as possible as she is panicking.

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SamphiretheStickerist · 07/02/2022 12:59

I suspect you have read it right, @Sueaxlbrick

The first list, in the screenshot @Cosmois posted separates income related benefits the second are not. The line underneath reiterates, parent or partner they live with...

Your screenshot does say, unequivocally You will pay a flat rate of £7 a week child maintenance if your gross weekly income is less than £100 a week or if you, or your partner you live with, receive any of the benefits listed below. My bold

Sueaxlbrick · 07/02/2022 12:55

Good point, I didn't notice that the screenshot was from Northern Ireland, she sent it to me. We both live in England so it may not be relevant.

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Sueaxlbrick · 07/02/2022 12:53

Sorry, it attached 3 times for some reason.

I think its best if she just calls them and asks, it's confusing online. I was hoping someone on here may have dealt with it before but I'll tell her she needs to ask them directly.

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Cosmois · 07/02/2022 12:52

Are you in Northen Ireland as those screenshots are from NI Direct?

Hankunamatata · 07/02/2022 12:52

I would ring cms and ask
0800 171 2345

Sueaxlbrick · 07/02/2022 12:51

Thank you, this is why I was confused. The screenshot above seems to suggest it has to be the paying parent that gets gets carer's allowance but other information says it is them or their partner. I just wondered if anyone had first hand experience of this and had been through it.

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MyDcAreMarvel · 07/02/2022 12:46

No, it’s if he the paying parent receives Carer’s allowance not their partner.

Theunamedcat · 07/02/2022 12:44

Her money doesn't get taken into account just his?

Cosmois · 07/02/2022 12:44

That reads to me as any in the top four apply to the parent and partner, but the bottom list (which carers allowance is in) apples to only the non resident parent.

Cosmois · 07/02/2022 12:43

The way I read it was that the non resident partner has to be in receipt of Carers, not their partner.

CMS Payments
RainbowZebraWarrior · 07/02/2022 12:42

My understanding is that yes, if the child is receiving DLA the mother will likely get carers allowance.

And it does appear that he would then only need to pay £7. However, if he is working and wants to support his other child, he is still free to pay whatever he currently pays.

It seems a bit crazy, as just because the partner gets a certain benefit, the paying parent could actually be a high earner.

Whatsonmymindgrapes · 07/02/2022 12:40

I hope that’s not true that sounds awful

Sueaxlbrick · 07/02/2022 12:17

Apologies, this was meant to go in Chat.

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