CMS Payments

[Sueaxlbrick]

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.

Apologies, this was meant to go in Chat.

I hope that’s not true that sounds awful

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.

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

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.

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

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

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.

I would ring cms and ask
0800 171 2345

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

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.

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.

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

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.

Thank you for your help. It may be the same here as NI but probably best for her to check as nobody appears to have dealt with this personally so it's not 100% clear.

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.

Hello OP, we're going to move this one over to chat for you now.

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.

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

They being the paying parent.

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.

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

[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.

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.

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

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.