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Hi,
Hopefully hoping somebody can help me with the right advice,
I rang the CMS this morning to inform them that i had been sacked from my job and that i won't be earning any money whether by wage or benefits for the time being.
I presently pay direct to bank of childs mother.
Now because i am not earning any money at all the CMS say i will still have to pay something and they would be in contact with childs mother to see if she would be willing to accept less money for the time being.
But the thing i'm confused about is how can i pay any money if i am not receiving any money in the first place and why are CMS so adamant that i will still have to pay money to childs mother when i won't have any money until i get another job .. They said i will end up getting extra charges if i don't pay but they just kept going on and on even though i repeatedly told them i won't have any form of income.
I don't know what to do .. Hoping somebody can help me on here with correct advice .. Thanks in advance for any help.
Regards,
Ste.
Hi Ste.
From what I understand the CMS will either put your case on a nil liability or they may assign the flat payment of £7 per week...(what you would pay if you were in receipt of benefits).
I'm unsure of the criteria they use to decide whether it's a Nil liability or a flat rate but either way the most you would have to pay in your circumstances is £7 per week.
You case is assessed on your ability to pay and level and level of income and not whether your ex is prepared to accept less.
In any even, if you cannot make the payments they ask (and have a genuine reason for not being able to) you can ask for a mandatory reconsideration. This is simply a formality and they will almost certainly confirm their previous position. After this you can apply to the Courts and Tribunals service for an appeal.
P
Hi,
Thanks for your reply.
I wonder why the person i spoke to on the phone was so adamant that it would be down to whether or not my ex partner would be willing to take lower payments or not then.
Also i still can't understand how they can request any sort of payment if i am in no receipt of money if i haven't got it how can i give them it .. Do they just expect me to magic it up out of thin air or something ?
I have no complaints in paying the money, i've yet to miss any payments and if theres been changes in the amount of wages i've made in the past i've been straight on the phone to them to inform them of this so they can immediately tell me the correct amount i needed to pay .. I've been honest + upfront from the start .. so why can't they understand in the present circumstances i will now have zero money.
Thanks for your time and response it is gratefully appreciated.
Regards,
Ste.
I think you'd need to sign on and show that you are in receipt of JSA to qualify for the minimum £7pw payment... although I'm not 100% sure about that.
If you have savings, they may consider you should stop paying, but again not sure.
It might be worth having a word with the CAB or even your local MP about their stance on this.
All the best
... just a thought but, if your income changes by 25% or more you can ask them to look at your circumstances, I think it's called a variation, As you've got no income coming in then I would have though this might apply. Here's a link to their guidelines
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