15 Mar 2018
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TOPIC: Military War Pension (child Maintenance)

Military War Pension (child Maintenance) 11 months 4 weeks ago #83405

Hello i am new here.

I met a girl and we have 2 children of 4 years and 6 years old - We are not married - When i met her i was already in receipt on a War Pension (Paid 4 weekly) and a tax free Military "service to blame" monthly pension.

Also i am out of work at the moment and we are about to split and divide our house 50/50 so all is good here (She is driving this)

Question:

1. Can she claim against both of these tax free disibility pensions?

I understand if i work i will have to pay and thats fine - The Vetrens agency said yesterday to me that both pensions cannot be used as payments for her/Children? and dont count as income.

Are these pensions safe?

I will be having my children 2 times a week as well.

I see so many mixed messages that i just wondered if anybody is in the same boat as me? (These 2 pensions and dont work or out of work)

Thanks Dad's out there

Darren3112

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Military War Pension (child Maintenance) 11 months 4 weeks ago #83407

Hello Darren3112

Based on what you have written, I am not certain what type of pension you are in receipt of. If you receive either Armed Forces Compensation Scheme payments, War Disablement Pension or any of the benefits listed below, you would be expected to pay the ‘Flat Rate’. This is a rate the government’s statutory maintenance service – the Child Maintenance Service – apply when parents pay a flat rate of up to £7 child maintenance per week, no matter how many children they have. Flat rate applies if their weekly gross income is between £7 and £100 or any of the benefits listed below are being received:
  • income-based Jobseeker’s Allowance
  • income-related Employment and Support Allowance
  • Pension Credit
  • contribution-based Jobseeker’s Allowance
  • contribution-based Employment and Support Allowance
  • State Pension
  • Incapacity Benefit
  • Training Allowance
  • Armed Forces Compensation Scheme payments
  • War Disablement Pension Income Support
  • Bereavement Allowance
  • Carer’s Allowance
  • Maternity Allowance
  • Severe Disablement Allowance
  • Industrial Injuries Disablement Benefit
  • Widowed Parent’s Allowance
  • Widow’s pension
  • Universal Credit with no earned income
  • Skillseekers training (specific to Scotland)
  • War Widow’s Pension (specific to Scotland)
  • Widower’s Pension (specific to Scotland)
  • Surviving Civil Partner’s Pension (specific to Scotland)
If you do not receive any of the benefits listed, the assessment would be based on your gross taxable weekly income (income before tax and National Insurance, but after any pension contributions you make). The online calculator on the Child Maintenance Options website at www.cmoptions.org may be of use to you, as it can give you an approximate amount of maintenance that would be expected along the Child Maintenance Service’s guidelines.

You can find more information about how the Child Maintenance Service work out child maintenance payments on Gov.uk at www.gov.uk/how-child-maintenance-is-work...ut-child-maintenance .

For information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website.

The DWP have a sorting out separation website that you may find useful. It offers help and support to separating and separated families. The link is: www.sortingoutseparation.org.uk/ .

Regards

William

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This information which Child Maintenance Options has provided is not a substitute for independent professional advice and users should obtain professional advice relevant to their particular circumstances.

Please note: the Child Maintenance Options team cannot answer any questions relating to a specific CSA case

Military War Pension (child Maintenance) 11 months 4 weeks ago #83409

Thanks William,

I did know all of your message - but in military terms both of my pensions are tax free due to injury (Military to blame) i just needed to know off somebody if or what child Maintenace i have to pay.....and i have no job no other income?


Heeeelllppp

best wishes Darren

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Military War Pension (child Maintenance) 11 months 4 weeks ago #83418

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I presume these are war disablement pension as William listed. The CMS use taxable income, so if this is tax free, then even more to say that this isn't assessed. It might be worth ring CMS for advice directly.

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Military War Pension (child Maintenance) 11 months 4 weeks ago #83429

So according to your post regardless of income earned from a job and you are in receipt of ANY of the benefits you listed then you are put straight onto the flat rate???

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Military War Pension (child Maintenance) 11 months 4 weeks ago #83433

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I believe that is the case, daft as it sounds.As I said, worth speaking to CMS.

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Military War Pension (child Maintenance) 11 months 3 weeks ago #83452

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Try giving CMO a call - their helpline is very good.

www.cmoptions.org/en/contact/contact.asp

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DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.
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