Don't really know where to put this but CMS issues!

you don't want to go to collect and pay as they will add 20% onto nrp payments making it even harder. child benefit should stop in the august of when the child reaches 16 if they are still claiming maybe contact the child benefit agency. and again chase the cms up and ask for a reassessment to be done. keep screen shots of any concersation with ex where they admit what the kids are doing as this can be used in evidence

That will not wash for this academic year though will it because it will be obvious that neither is enrolled so I think that now it’s Sept of the new year this will all be quickly resolved and RP would also know that.

I would inform child benefit and CMS of the position and then stop the payments from Sept. RP had a lot of time to plan for this scenario and claimed fraudulently so I would not feel bad.

I would start giving the DC regular money directly instead.

CMS have their hands tied in this one - if child benefit is being paid then CMS is due. It's a shit blunt system sometimes.

Speak to your MP and ask them to chase up the child benefit side. Your partner is being financially impacted by someone committing benefit fraud. Some MPs will be quicker than others to help, but they should be able to speak to CB and get the investigation moving.

Does the RP claim any other benefits that you know of? If there's UC or anything else in play then it's possible they're fiddling that as well.

Contact child benefit then as well and tell them about the real situation!! They will just claim it back off RP via hmrc and then CMS will
follow suit

Yes but i am fairly sure that the CB system actually checks that the student is enrolled in the school. I know this because my oldest went to a college which is fairly obscure and there were some issues with them locating the institution on their system. It was there under a slightly different name.

I then assume the CM check with CB. As an RP, I can't think how I'd get away with this. I can only think they're still assessing the circumstances from last Spring.

I think it’s worth reporting it again now that it’s after 31st August meaning that the CB for both should definitely have stopped. It might be that the system just checks whether CB is being paid currently and it is so CMS conclude maintenance needs to be paid. Now it definitely should not be for either child so likely worth reporting again.

Then you show evidence child is in work fulltime or explain yhis to them to be investigated. Regarding child going to uni your still responsible until then if in full-time education.

Go to your MP. Also raise a complaint with CMS. Provide them with the evidence of one child being in work and the other going to uni. Point out the benefit fraud and make an official complaint that they are harassing you for money.

I wouldn’t pay a penny and I’d be emailing the MP every day until it is sorted.

I would continue to support uni child.

That was a previous academic year. What were both kids doing before the summer holidays?

Yes mine stopped this month automatically.

You see, I have had to report where the older kids were in college or school so this doesn't make sense to me. I assume they check enrolment.

Send an email to your MP complaining about the length of time investigating it and state that he won’t be refunded this money so why should be pay it, and now threatened to take it directly. Submit a formal complaint to dept dealing with it too.

Can’t you report the benefit fraud? That would put a stop to it.

I suspect the problem is because she hasn’t notified CB - though doesn’t it automatically stop Aug after they turn 18 unless notified continuing in education (not uni). So child maintenance are correct that maintenance should be paid if CB is, but can’t be correct she would qualify for CB if the child is at uni / or working full time. I’d write to child benefit about it, and hopefully once that ceases so will the maintenance requirement. Child working can pay his mother keep and he should continue to support uni child but directly.

A child at uni is not considered in education like a college student so that would cease. CB ceases at the end of August the year they are 18, so maintenance should be the same. No maintenance is due for a child at uni, but both parents should give some financial support direct to child.

Is your ex still providing a roof over their head? Where will the uni student be living for the 22 weeks they are not in term time? (Assuming they've moved away). Would you prefer them to live with you now instead? If the older one is working full time then fine, up to the RP if they charge rent or not but uni students are still usually very dependent on parental help. That should not fall on only one of the parents. It really is that simple from a moral point of view.
Secondarily though, there is something going on..CMS are right that maintenance is payable as long as CB is, but in the two circs. you have outlined, it should be being paid so that needs looking at.

There's no requirement to pay for the one in full time work. Although... if they've just started work they are probably not going to be earning much. Decent parents who are not on the breadline themselves often help out their young adult kids if they can, just saying. It's tough out there for young people these days.

However morally at least you should be helping your child at uni. The government expects that students are helped by their families, that's why the student loan is lower for those whose parents are better off. A few years ago a student successfully sued their father (think it was the father) for financial support at university.

Don't you want your kid to succeed at university? And why should the resident parent do it all?

Any payments made to your young adult kids should be directly to them though, not to the resident parent.