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

[FedUp120028]

This place gets a lot of traffic so thought I'd start here...

Maintenance payments were due to cease in February for one child and August 31st the other child. One is working full time and not in education, other is off to uni. RP is maintaining that the children are in education and maintenance is still payable in full. CMS have sided with the RP as child benefit is still in payment.

Waiting for tribunal but NRP cannot afford to keep paying the several hundred they do while waiting for this, so lowered the payment this month and has now been threatened with collect and pay.

Any advice please?

This seems odd from CMS. I thought it was clear that maintenance is not payable after 16th birthday or after they complete their A levels ie August 31st

The one in work clearly you should not have to pay
The one at Uni doesn’t count for CB or maintenance either

Gov website:

You cannot get Child Benefit if your child is:

• studying for a university degree or BTEC Higher National Certificate (an ‘advanced course’)
• studying for a pre-degree course - for example a foundation diploma or access to higher education course
• on an apprenticeship (unless it’s a Foundation Apprenticeship in Wales)
• doing a course with an employer’s agreement - for example in order to get a job with that employer, or to get skills for a job they’re already in
• doing a training course that is part of a job contract

The right thing to do would be to at least give some money direct to the child at Uni as parental contributions are expected if they don’t get a full maintenance grant. Surely there is no obligation to pay NRP still for adult kids.

What advice do you want? The legal route says to keep paying until the tribunal rules either way.

Although it’s weird to pay for a child at uni. Legally the payments until 20 are usually only if they’re A level or below.

https://www.gov.uk/child-benefit-16-19

Seems as though NRP might be committing benefit fraud as they need to inform the authorities if the child is no longer in education or training.

I think you mean the RP may be committing benefit fraud, not NRP; it’s the NRP who disagrees with continuing payments at this point; but RP who insists both children are still in education, is receiving CB according to OP and with whom CMS have agreed!

Sorry yes meant RP should have reported that the children had finished school so might be committing fraud unless there is some loophole that is not being disclosed.

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.

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.

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.

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.

Yes happy to support uni child.

The working one is also paying rent to RP whilst maintenance is in payment. RP is claiming they are both still in further education not higher or working full time.

RP is deliberately deceiving child benefit, and has actively told them they are still in education.

They've been 'investigating' since April for the working child and nada they have just taken RPs word for it. Benefit fraud is being committed and maintenance still needs to be paid while this shit show of an investigation go's on. But not a penny of the maintenance will come back to the NRP.

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

That was done back in May/June and nothing come off of it yet.

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.

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.

Yes mine stopped this month automatically.

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

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.

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.

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.

CB for child in education should have finished 1st Sept.

Evidence in the form of rotas and pay have been shown but they maintained their decision that as CB is in payment maintenance countinues to be payable and we have sent for tribunal.

I will resend a report again. It's ridiculous she seems to be getting away with it.

One child starting working full time in February and left college, RP claimed she remained in education. CB and maintenance should have halted, but RP carried on claiming CB for this child.

The other one was at college so maintenance was payable for this child.

But that's what rp is doing, reporting and claiming they are in education. They are not. Rp is committing fraud.