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There has been numerous threads on this subject of lately, I can confirm CMS approach in my case.
I have been adhering to 52 nights+ over the last 6 years, however my ex has chosen the Covid situation to inform CMS that I am under this threshold. Despite their own website saying they would not be considering such issues during this time, CMS has acted upon my ex's words and reduced my 1/7th relief.
I have appealed to CMS, stating that I am adhering to 52 nights over the year, and I am back to having overnight stays in line with it. Plus I mentioned that their own website says they are not reacting to overnight stay changes at this time.
They have rejected my appeal. So this confirms earlier thread discussions, that in the event of a dispute that is claiming 52 nights only, they do not revert to 52 nights as a base line. It is only if you are disputing over the higher tiers. And also confirms that despite what their website says, they are reacting to Resident Parents complaints during Covid.
I hope useful for someone else approaching a similar situation.
hi,
do you have a court order about your overnight arrangements? if so, that's good enough evidence for cms to adjust your payments and overnight stays.
No, never needed it. CMS appeal rejection letter makes reference to no court order, but I have a number of messages from her confirming our arrangements, so hoped that may work.
No choice but to swallow it, is bitter when you know a lie!
That's [censored].
Is there a further appeal process?
No further appeal to CMS, but i can take it to Courts & Tribunal. This is a long drawn out process and will not be successful as I do not have a court order or a formal agreement as I assume they expect it to be.
I have had what I see as a formal agreement where she has stated in writing to me '....or we will revert to the 48 hour period every other weekend that we previously have worked'. I saw this as formal acknowledgement, clearly they dont.
It is not worth me taking further, i will keep paying her the extra £90!
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