Child maintenance, father starts getting pension, CMS says he is on benefits now

[qizaloq]

Hello,
For the last four months, I have been having this issue with the CMS, where they say the father is 'on benefits' and he's been sending 30.33 quid a month.
The father is a full-time employee company director making in the region of 100K per year.
Does state pension qualify as being on benefits?
What recourse do I have against the CMS?

Exasperated mum.

That’s bonkers.

They will get his income info directly from HMRC so they’ll see his earnings. Unless he is technically self employed and not declaring, in which case report him for not paying tax.

Many CMS staff are untrained and inexperienced. You just need to keep on at them and keep asking to speak to someone senior, at some point you’ll speak to someone who knows what they’re talking about. Not very helpful but it’s the reality.

Sorry, it is STATE pension. And I know his private one is generous too

When someone goes on to state pension, the rate automatically moves to £7 a week - the benefits rate as they've said

But he is still employed full time with a very good salary.
Also, state pension is not benefits, it is an entitlement based on NI contributions in my book?

I think this is a case that probably needs to go to court as it doesn't fit in with CMS processes

The CMS sent me a letter saying: 'Your existing child maintenance arrangements remain in place. Please note that they will not change as a result of your mandatory reconsideration request, and you cannot appeal against our decision to an independent tribunal.'

How much is this true that I cannot appeal their decision? Asking, because they made some other decisions in my case that were incompetent.

I don't know, I've never done it. But I would still try and put it in front of a judge/magistrates and see what they say. It won't cost that much and if his income is as high as you say could make a big difference to you.

But he is still employed full time with a very good salary.
Also, state pension is not benefits, it is an entitlement based on NI contributions in my book?

The CMS discount salary if the NRP is claiming state pension.

If you look at the CMS calculator, they list State Pensions under the list of questions - do you claim any benefits or state pensions. If the answer is yes, then even if they earn a six-figure income, the calculator shows £7 a week as payable.

I used that calculator just now, after you posted. Chose 'yes' for state pension for calculation, put 80K income per year, and it worked out I am due £162.08 a week or £701.81 a month.
So clearly, state pension does not mean 7 quid a month then

Believe it or not the Gov pension is now termed as ‘a benefit’ in all correspondence to receiver. My husband and I, now in receipt, are not impressed having worked non stop for over 45 years.

Why are you not impressed? It doesn't make you a 'scrounger' or anything. It's simply a recognition that you are receiving money from the state, which is what all benefits are regardless of whether your entitlement is based on your age, or disability, or caring responsibilities, or employment status or whatever else. They want to get away from the idea that what you pay in NI contributions is what you get back in the state pension, because many people still think that despite it not being the case.

I do aplogise. In the calculation, i didn't tick 'state pension'. When I did, it does show 7 quid a week. How unfair. He turned 66 in July, but he started paying 7 quid a week since May, two months early. Can I contest that?

I complained to ICE (CMS ombudsman) as my ex pays me zero maintenance for our two young children (different conditions to yours but got told ‘that’s our policy’ too) and nothing has been done. The system is rigged in favour of absent parents and CMS is toothless. I’m sorry this is happening to you OP. It shouldn’t be allowed.

This is the legal document that CMS are meant to use when making decisions. I’d check what it says about pensions and don’t trust what they tell you. I was given lots of wrong info over the phone and in writing. When I complained they took six months to review it and gave me £50 compensation. It’s a disgrace. www.legislation.gov.uk/uksi/2012/2677/contents/made

How this can be allowed? It is a daylight mockery. Can MPs raise this issue and change this law in Parliament?

I believe your child can make a claim in court on his/her own behalf before they are 18 for maintenance. A trip to a solicitor would be money well spent.

You need to contact your MP rather than saying 'can MPs?'. You yourself need to raise it.

Apologies, I have just looked this up and it refers to school fees, disabilities or the nonresident parent living abroad. My ex-husband tried to stop paying my DDs school fees as leverage to get rid of spousal maintenance even though he was paying only 25 percent what he should have paid in child maintenance on a very high salary.

Some parents resent paying anything towards their children. Hopefully they end up in care homes without any visitors!

I have contacted my MP. I was wondering if they indeed have power to change it.

You could write to your MP and ask them to raise the issue with the minister for DWP.

What a scum bucket! I've no helpful advice, just solidarity. He should be made to pay.

"Benefit" is not a dirty word. Don't be silly.

You can go to your MP.

They can raise it in the HOC. If enough people back it, it will go to a vote for the current legislation to be changed. This will take years tho.
How old are the Dc?

My child starts Uni this September