DH's ex refuting that DSS has left education to CMS

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DSS turned 18 this summer and left college, since summer he has been labouring for three different tradesmen as and when he is needed in order to get some skills and references for his CV until he decides what he wants to do. (At the moment he is enjoying the landscape gardening/tree felling work he's doing and is talking about that as a career). All three tradesmen he works for are in our area so he spends 4-5 nights a week at our place. He is earning 50-60 a day at least 4 days per week, sometimes 6 days a week, then has a few regular lawn mowing jobs so is consistently earning £1000 a month.

DH remembered to inform CMS last month of the change in circumstances as nobody else had done it. He also pays CMS for younger 14 year old DSS so the amount payable will only change by around £15 per week, not a huge amount but that money will help to feed older DSS while he's at our place as he eats non-stop after a long day doing physical labour.

DH had a letter through today saying that his XP refutes that DSS has left education, she says he is enrolled at college and stays at our house one night per week!

We are both quite incredulous as this obviously is not true. DH said to CMS they must have made a mistake but they say that's not the case as they have it in writing from his XP. DH now has to open a mandatory reconsideration and present evidence that DSS is no longer in education. Has anyone had experience of a mandatory reconsideration?

DH asked DSS about it, he was also incredulous at the idea that he was allegedly still at college and thinks the CMS must be wrong, although did then mention that his mum's dog may need an operation on its paw and she was worried about money if her pet insurance didn't cover it, and DSS had offered to contribute to the dog's op.

DH has tried to get in touch with XP but no reply at all from her.

Surely it's a simple matter of checking with the college that he is enrolled there and that he attends regularly. That shouldn't be too hard.

Have you asked him if he's at college?

Sorry I see that it's clearly not true that he attends college. In that case just stop paying and put the onus on her to prove her claims

If he's not in college & she's cleaning he is, it will be up to her to prove it

As pp said - just stop paying and let her prove he is.
Wow how cheeky of her!!

Ask college to produce a letter stating the course and hours - do this by email

Then if they email back stating he isn’t enrolled you have your proof

They need to do a child benefit check and see if child benefit is still in payment.
If it’s not, then the change would be accepted with an effective day of when the apprenticeship started (provided its more than 24 hours a week)

If he has left college and is doing an apprenticeship (for more than 24 hours a week) then child benefit should not be in payment. You could maybe ring child benefit and let them know that he’s left college?

Hi all,
Yes child benefit is still being paid, CMS said he is eligible as he is in education. Only he really isn't, I drop him off to work most mornings and am on nodding terms with his bosses! It's not an apprenticeship - it's labouring work doing 32-40 hrs per week.

DH is going to ring his old college tomorrow and see if they can write an email/letter.

Feel a bit nervous, seems a bit like fraud but would you really bother for the sake of £15 per week and a bit of child benefit? Her DP seems to be a high earner and they seem to have a nice standard of living.

Forgot to add CMS said he must continue paying the stipulated amount until they say otherwise.

Is the ex the only adult living in the house apart from your dss?

Can't you ask DSS to contact CMS and talk to them directly to confirm that he is not in college?

I guess she’s worried about being in trouble for fraudulent child benefit claim. Though they’re just likely to ask her to pay any she wasn’t entitled to back.

CMS will probably need to contact the college themselves to ask for his enrolment details. Doubt the college would send it if your DH asks them too. Same for Child Benefit. She'll have to pay back (CB at least) anything thing she's claimed fraudulently.

As far as DSS is concerned his mum's partner lives there with her, although I think this has only been in the last 6 months or so.

Hopefully college and confirm this for the CMS one way or another! The college is actually in our area and only has DH name on the records, I'm not even sure why that is. DSS used to stay at our place for half the week while attending the college. So at least they will be authorised to talk to DH.

Just in case anyone searches and finds this thread, DH was able to get an email from the college saying that DSS is no longer enrolled. They were very obliging, but did say that they could only provide the email to the parent on record. Luckily enough this is DH in this case.

Well there you go OP just send the email on to cms and job done

Your DH problem is child benefit being in payment to mum, as long as it is CMS may well not change their decision as they usually go along with child benefit. Your DH would be better off sending the letter about his son not being enrolled in college to child benefit office. If / when they stop paying child benefit CMS will change their decision. Have a look at eligibility for child benefit if mum says son is doing 'nothing she could still be entitled to it. How is SS paid - can he provide confirmation that he is employed? This may help.
Go through mandatory reconsideration and and then appeal. The appeal maybe able to change it.