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The CSM legislation states the following - can anyone explain to me what Paragraph (4) means in relationship to Paragraph (2)
25% tolerance for changes outside annual review or periodic current income check
23.—(1) This regulation applies where the non-resident parent’s gross weekly income is based on an amount of current income by virtue of regulation 34(2) and, before the next review date, there is a change of circumstances affecting the amount of that current income.
(2) No supersession decision giving effect to that change may be made unless the amount of that current income has changed by at least 25%.
(3) Paragraph (1) does not prevent a supersession decision that—
(a)is made on the Secretary of State’s own initiative under regulation 20 (updating weekly income at the annual review) or regulation 22 (periodic check where current income unchanged for 11 months);
(b)is made on the ground mentioned in regulation 17(1)(c) (error of law); or
(c)supersedes a decision determining the non-resident parent’s gross weekly income on the basis of regulation 42 (estimate of current income where insufficient information available).
(4) Where the condition in paragraph (2) is satisfied, the current income (as changed) is to apply even if it does not differ from historic income by an amount that is at least 25% of historic income.
Hi There,
.
I've moved this post into the child maintenance section and hopefully our experts will reply for you.
.
GTTS
not 100% sure but here is my case as it may have some relevance
Last assessed by CSA in March 16 on Net pay
Even though I am willing to set up a private arrangement on that assessment the likelihood is I will be assessed again by CMS on gross pay.
Due to back pay after an error my gross wage has increased by 17.5% since March 16.
I have challenged the CMS on this prior to Dec when no doubt a minimal envelope will arrive but as I expected there reply was these are the new rules.
So in spite of the fact that my gross weekly salary has not increased by 25% since last assessment I will be reassessed again on that Dec 16 gross weekly salary. An increase probably of about 1500 a year less a small variation for travel.
if you are looking for fairness and parity my friend you won;t find it with the CMS.
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