[Solved] Maintenance - Army Disability Pension (Tax free)

Hi,

You are correct. If your pension is disability atributable to service and therefore tax free it will not be considered in the maintanance calculation.

Regards,

Dave

Hi DAve,

Thanks for your reply, I've said that all along, but the CSA disagreed with me. Then I found this site and it appears they can't take it into consideration, however, they have been doing.

Best I get phoning them to find out the correct legislation.

Cheers

Paul

If you get no joy take it up with your MP

I am of the understandiing that they only include in calculations that which is taxable.

They seemed pretty clear when I spoke to them with regards myself as I was also MD'd and recieve a pension.

I had no issues.

Regards,

Dave

Hi pdglaze

Thank you for your post. I am William the Child Maintenance Options consultant. Although here at Child Maintenance Options we are a separate organisation to the Child Support Agency (CSA) and do not have access to your case information, I would like to point you in the direction of where you can find more information on how they calculate child maintenance.

The CSA have a number of different child maintenance rates depending on your income. You may be placed on the ‘flat rate’ of child maintenance if you are receiving War Disablement Pension. The ‘flat rate’ is where you pay up to £5 per week. You can find more information about the different rates as well as what income the CSA use to calculate child maintenance on Gov.uk at https://www.gov.uk/how-child-maintenance-is-worked-out/rates-used-by-the-child-support-agency. If you wish to clarify with them directly how War Disablement Pensions and your tax free army pension could affect the calculation you will find their contact details on any letters they have sent you. Alternatively you can view them here: https://www.gov.uk/child-support-agency.

If you feel your case has been assessed incorrectly you can appeal the decision about payment amounts. You can view the CSA’s complaints and appeals procedure here: https://www.gov.uk/child-maintenance/complaints-and-appeals.

We are here to help you choose the best way to arrange child maintenance and the CSA is just one way to do this. For more information on the choices you have please visit our website at www.cmoptions.org. Alternatively, you can call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on a Saturday.

Regards

William

HI there,

I've spoken to the CSA twice in the last few days and I've received 2 different replies! One said it shouldn't have been counted as it's tax free, the other says because I am on the 1993 scheme, it can be counted!

Anyone know who is right? I've looked at the legislation on the website but it isn't clear about service disability pensions.

Getting more confused!

Thanks

Paul

Mmm...not sure about 1993 scheme.

Is yours disability or "war" pension?

Regards,

Dave

HI Dave,

I get 2 pensions; one is a War Disability Pension and one is an Army Pension which is Tax free as I was given it as part of my disability.

Does that help?

Paul

If Norcross administer you war pension its because the disability is for injuries suffered during conflict then I think you should be paying a nominal fee as it makes you almost exempt from maintanance.

If the pensions are for disability due to service but not conflict and they are tax free then they are not included.

who administers each pension?

Regards,

Dave

Yes, one is Norcross, not sure about te other one! They have changed departments now, but it was Affinity Paymaster. The CSA are saying that 1993 rules say they can, 2003 say they cant. Although I am on the 1993 rules, they didn't start taking it till 2004, when the new rules were in place. It's all wrong, because if I were a civilian and got injured working in a warehouse and received DLA, they wouldn't touch it. Discrimination?

Cheers

Paul

OK so under todays rules the fact you get a war pension would effectively cut your liability to about £10 a week, as you mentioned below a bit like DLA would.

Also the disability pension from Affinity, it has changed recently but cant remember now, would not be included in the calculation and anyway the war pension would cancel everything out.

So I do not understand the 1993 rules but am looking.

I found this - http://www.childsupportsolutions.co.uk/nrp-calculation.htm - still reading it now.

Have you tried talking to anyone at RBL about the 1993 rules? A bit of a long shot maybe??

Regards,

Dave