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.

@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.

*is a benefit

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!

[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.

@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!

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?

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.

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.

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).

@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?

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

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

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