DAD.info
Forum - Ask questions. Get answers.
Welcome to the DAD.Info forum: Important Information – open to read:

Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.

Alternatively, if you are in crisis, please call Samaritans on 116 123.

If you are worried about you or someone you know is at risk of harm, please click here: How we can help

CMS Calculation app...
 
Notifications
Clear all

[Solved] CMS Calculation appeal

 
(@Luke0208)
Active Member Registered

Hi guys,

Just looking to see if anyone has a similar situation and how successful they have been.

So 2 years I worked out of the country for 3 months and received a substantial pay increase for those three months, little did I know that it would come back to bite me..... In April I received my new calculation and discovered that my payments had risen by £103 so I'm now paying £380 a month for one child. I contacted the CMS and they said that they have me making 45k that year. However, that is so far from the truth but they are telling me that because the difference is not greater than 25% that I have no other option to pay it. I have googled and done some research and on the portal I have sent my most recent pay slips and request a mandatory reconsideration. How much success have people had with this process and how long does it take?

When I enter my details of salary on there calculator it comes out that I owe £288 a month which is a £12 raise from last year which is fine as I have had a promotion in work so I would expect it, but the fact that I told them that I was going two years ago and over the phone they said it wouldn't make a difference as it was solely based on my basic salary regardless of bonus's etc.

This has just drove it home that from now on I need to get everything in writing from them.

Thanks for reading .

Quote
Topic starter Posted : 15/06/2020 8:07 pm
(@dadmod2)
Illustrious Member

hi,

they do their calculations based on income of previous year. if they don't have your most recent income details, then they stick with what ever income is shown in HMRC tax records. every year i had to correct them by giving my most recent income details. was a struggle just to convince them i lost my job and i should not be paying maintenance.

ReplyQuote
Posted : 15/06/2020 8:15 pm
(@Luke0208)
Active Member Registered

Hi bill,

I have given them my last years of wage slips and they are still stating the 25% difference margin stands, My difference from what they have calculated is 21% less. Therefore, I am not eligible for a recalculation even though they admitted on the phone it was wrong and their suggestion was to appeal with my Ex..... unsurprisingly that fell flat.

ReplyQuote
Topic starter Posted : 15/06/2020 8:21 pm
(@dadmod2)
Illustrious Member

yes they like to stick to their 25% rule. other than appealing, all you can do is wait for your next annual review date, for them to re-assess you.

ReplyQuote
Posted : 15/06/2020 8:34 pm
(@Luke0208)
Active Member Registered

That is absolutely outrageous !! 25% is such a huge deficit.

In that case I will just have to take the appeal to the next level, so due to their error next year will my payments decrease due to my overpaying this year.

ReplyQuote
Topic starter Posted : 15/06/2020 8:45 pm
(@flyingember)
Estimable Member Registered

It will not decrease next year because of ‘overpayments’ this year

Short of a successful appeal...

think if it as paying back when you should have been paying last year... clearly you had a year where you earned substantially more than the calculation in that year

ReplyQuote
Posted : 15/06/2020 8:55 pm
(@dadmod2)
Illustrious Member

i don't think so. i ended up over-paying by 1-2 months. they are not bothered. next year they will check HMRC records and go with whatever is showing in there. and if its wrong, have to do same routine of giving them evidence/payslips etc.

ReplyQuote
Posted : 15/06/2020 8:57 pm
(@Luke0208)
Active Member Registered

But my basic salary did not change, I sacrificed quite a lot to work away, it was not a holiday.

Also the only reason in agreed to go was because CMS assured me that it would not affect my payments.

ReplyQuote
Topic starter Posted : 15/06/2020 9:01 pm
(@flyingember)
Estimable Member Registered

Im not sure who in CMS assured you if that. All income is considered not just basic salary.

ReplyQuote
Posted : 15/06/2020 9:05 pm
(@dadmod2)
Illustrious Member

yep. any pay rises, bonuses, overtime pay get taken into account. some dads said even a company car allowance.

ReplyQuote
Posted : 15/06/2020 9:07 pm
(@Luke0208)
Active Member Registered

So are pension deductions taken into account or is it irrelevant what you pay into pension?

ReplyQuote
Topic starter Posted : 15/06/2020 9:12 pm
(@flyingember)
Estimable Member Registered

Pension contributions are not included up to a reasonable level.

If you’re paying via salary sacrifice then they have already been removed. If you’re paying separately into a SIPP then you need to let CMS know. The tax year has closed so it’s too late to pay to affect this year’s calculation, but if you pay now they will be removed from next years calculation

ReplyQuote
Posted : 15/06/2020 9:17 pm
Luke0208 and Luke0208 reacted
Share:

Pin It on Pinterest