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My daughter is 18 and going to uni in September and I was told a few months ago I wouldn’t have to pay cms after 31st august.I rang them to confirm last week and they said I have to pay in September and October still because that’s when there year goes to.should I make these payments or stop on 31st of august like originally told?
it’s a confusing thing to search and find hard answers
I always understood that August was the last payment, but I would definitely get them to check what they have told you.
@Jamiej. If your son or daughter is 18 and has finished their full-time, non-advanced (i.e. sixth form, college, etc., not university) education before 31 August 2023, then your payments should cease in-line with when Child Benefit ceases, 31 August 2023. The Child Maintenance Service (CMS) should notify you the first week of September to confirm this once they've received notification from the Benefits Office that Child Benefit is no longer applicable.
Unfortunately, the CMS' operations are fundamentally flawed, which is why there are so many posts on Dad.info seeking advice. For example: when you notify the CMS that your son or daughter has 'left full-time education', which to any parent is the last day of school/college, the CMS decline your 'report a change' request stating that they are still in full-time education and the change hasn't happened, even though their published information clearly states to notify them (CMS) when your child has left full-time education. It's bizarre.
They also advise that, when Child Benefit stops being paid for a child, the CMS automatically removes them from the case, which is not true. It's not automated as I found out in July 2023 after the CMS said that I needed to make payments for another child (20) and has been at university for two years. They even claim to have spoken a claimants, who reportedly advise them that a change hasn't happened, when I know the claimant hasn't spoken to them. And when you challenge them on this, the CMS say that they haven't updated their letters, which proves they have created templates claiming x, y and z, even though what they're telling you isn't true / hasn't happened. It's disgraceful. The CMS is knowingly providing wrong information, which is the sort of thing they would take action on if a parent provided them with the wrong information. It's beyond double standards.
Personally, I think a petition should be launched to remove Mel Stride (Secretary of State), who oversees the Department for Work and Pensions (which encompasses the CMS), from post, as all of this is happening on his watch.
@infodesk Thank you for the post - useful.
My child turns 20 in April and I have asked CMS two times in letters (about my annual assessment) whether i stop paying from May - no mention in their responses. I have also spoken to someone at CMS who wasnt clear as to the answer and said keep paying, but maybe try calling them on their birthday(in April).
My current thought is just to stop paying after Aprils payments, not sure what problems it could cause as the money is not due. Rather that and pay and never be able to get it back!
Do you agree, for me to stop paying is the best action?
@hrabbit If your son/daughter turn 20 in April 2024 and they have already left school/college and child benefit has ceased, you should no longer be required to pay child maintenance unless an order is in place to state otherwise.
Based on current legislation, child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid.
If arrears have built up on your case (not suggesting they have), those arrears must still be paid, even if regular child maintenance payments have stopped.
When a child leaves full-time education (which is typically in June or July), child maintenance should cease on 31 August 2023 as the CMS state that it aligns with when Child Benefit stops. The Benefits Office should notify the CMS in the first week of September (to allow for administration of the change to take effect).
The definition of non-advanced, full-time education is more than 12 hours a week of study, on a course up to and including A level standard. In England, these would comprise:
- GCSE, A level, NVQs levels 1 2 and 3, BTEC certificates and diplomas, etc.
If the child is in 'advanced or higher education; they should no longer qualify for child maintenance.
I hope this is of help.
@infodesk Thanks for your reply.
I don’t get why you get different answers from different people within the same service.I’m not sure anyone there knows what they are doing.definitely needs a shake up!!
I’m going to go by the first one then that told me 31st august was the end date,I have the email they sent me telling me that it ends when child benefit ends.
im sure they will try and find a way to make me pay though
Hi @jamiej, my advice would be to log into the CMS portal on 31 August 2023 and 'report a change' (on or after 4pm) that you son/daughter has finished full-time, non-advanced education. This will be in-keeping with the date when Child Benefit should cease. Taking this approach will ensure there's something indexed on their system, as the CMS cannot reject your change request after your child has left school and on the day when Child Benefit should cease (i.e., last day).
@jamiej Hello I have read your post and doing this today as my ex is expecting a massive payment as my son no longer stays with me and my daughter is off to uni in September. I will follow this from 4 pm today. Just wondering how did you get on with this ? I pay by direct pay and always have but don’t want to pay for sept quote when I don’t need to. Did it work? Thanks.
I informed CMS after 4 pm last night that my child has left education as is off to university, however got a letter this morning, dated for tomorrow rejecting it as they had checked with other parent, and that payments still due.!!
Hi just wondering if anyone had any more advice on this. I pay for two children and my payments are on the 1st of every month. One is 18 and has now left education (although he has actually been working full time for two years anyway). The other is 16 and will be carrying on in education. I registered my son as leaving education as of 31.8.24 yesterday and sent my ex the new payment based on the online calculator this morning. She has already responded to csa staring that my son has not left full time education and messaged me asking who told me to amend the payments. I have told her legally my son left education on 31.8.24 and she has now lied to csa. I am prepared to take them to court regarding this. She is claiming her paper work says he leaves on 2.9.24. How can that be? Not sure if she is bluffing or child benefit have made an error. Now that sounds like just two days but from everything ive read by getting them to agree that date i will now be liable until November! This wont be by accident on my exs part. Is it correct that she can manpulate the system like this? One thing i did think was maybe shutting the case down all together as i am pretty sure i was the person who set it up in the first place. Then she would have to start a new case? Not sure what implications that would have on me though.
@chrisbob123 if your paying through CMS, I would avoid altering your payments. to them this is non compliance, and they can case more problems by putting you on collect and pay, and you pay extra 20% charge.
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