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Morning
Happy New Year
advice needed please
I pay monthly direct to parent based on earnings etc
i pay into a private pension and sent all documentation in to cms last year, they advised on the new assessment they’d take off all those payments (nov 24)
they’ve not done this at all, now they’re saying they won’t as it is under 25% of my current earnings, despite me sending it in ready for the assessment on their advice, since then I lost my job 23/11 as my employers closed down with no notice
I have since requested a new assessment as I got a job 3 weeks later but my income will again change they’ve advised me to send in 3 months of wage slips and to pay what I can this month as my earnings are no where near what they were ( I pay £167 a month currently on FT wage, I sent £100 yesterday so my son had something)
im at my wits end trying to get them to deduct my private pension, cms constantly tell the other parent that I’m in the wrong and I should be paying more but am trying everything to not pay her, this is causing so much hassle as I then get abusive messages from other parent etc etc
I just don’t know what to do, can I go down the legal route as they’re just useless and not listening when I ring they say yes it will be taken off and in November we will make sure all what you pay into your pension is removed but they haven’t and now I am over paying and they just say oh I don’t know why it wasn’t but you’ll have to wait now for the next reassessment
hi,
I recommend you contact your MP and ask them to raise complaint with CMS, can include these email addresses:
correspondence@dwp.gov.uk
complaintsreviewteam@dwp.gov.uk
Hello,
My spelling is terrible I appologise in advance. I hope this makes sence!
The CMS appeals process out lined and updated by the welfare reforms act (and other legislation). (As it is over seen by the DWP) Works like this:
Decision - (mandatory reconsideration). - Accept or reject - If accept Change implimented.
If Reject - Appeal (Firsts stage tribunal) by submitting a SSCS2 to the service. and so on.
You can only appeal the last decision made.
'Unless you are requesting a 'supersession' of an earlier decision because it was made in error of fact, or counter to the legislation (Illegal)'. Covered by both child maintance legislation and welfare ect.
Under the Child Manitance Caculation Regulation 2012. A private Pension for the purpose of a caculaion is veiwed as "Relived at Source".
Meaning it come out of your NET Pay and Not your Gross. The tax relife is paid into your pension pot. Not paid to you in a the wage. (NOT ALL WORK BASED PENSION'S ARE NET PAY ARRANGMETS SOME ARE ALSO "RELIVED AT SOURCE").
So when caculating your weekly income: CMCR 2012 Chapter 1, Regulation 40.
Annual Gross / 365 days * 7 days - The average weekly pension contribution = Weekly Income.
KNOW THAT ANY PAYMENT REQUESTED BY THE CMS NOT PAID IN FULL IS CLASSED AS A MISSED PAYMENT. Regardless of what you pay. However paying something keeps the arrears down, show you are trying to meet your legal obligation.
Now problem 1 - pension contributions:
I am going to assume they asked you to submit the infomation for your annual review. With in the 30 days they have legally to obtain finantial infomation from HMRC. So it could all be proessed in one go. (Lazy).
1. They do not provided any written infomaion on specificlly how, or provide any time frame in writting for this infomation to be submitted. Nor any means via the portal or other wise to spesificlly submit this infomation. Meaning it can be caculated in at any point. Not just at reveiw.
2. Pension contributions are covered sepratly in the caculation regulations to the 25% rule governing the threshold for an income change. Diffrent rules for diffrent parts of the caculation. Therefore to deny your pension contributions, based on that rule is illigal. They are using maladministration (As defined in the cival servents codes of conduct) to create gain and cause loss (Theft and Fraud act). They are hopeing for your ignorance of the rules.
3. Put in a 'mandantory reconsidaration' for the pension contributions. Include evidance such as pay slips and a pension statment. Send it by post special delivery (Paper trail). Only sent copies of documents not the origionals. Also submit a complait to the complaints team, about how you feel you are forced to pay over and above your legal obligation. ect.
If they reject the considration. Take them to tribunal. You have the right to have pension contributions taken into account.
Problem 2 - Income change:
1. Your currently on a Historical income caculation (This will be confirmed with in your notice of desision or review. It has to be by law). Once you submit them pay slips and they agree the change, until your next annual review you will be on a current estimated income caculation. (3 pay slips avraged to a years income. They / 365 * 7 = weekly income they your liability caculation guessing 12% 1 child?). This avrage has to be below '25% the weekly income' for your payments to go down! 'CHECK THE FIGURES' If you cant do the caculation, use "listen to the tax man" put in your hourly rate. the top section will provide Annaul Gross figure to use.
Also jump on the HMRC portal and check the annual figure for the current tax year factor in earnings til April 5th. By regulation only if there is no 25% diffrence do you revert back to your historical income as default at annual reveiw. Meaning you could be stuck on an estimated income, for a while or burt ot the following reveiw. (YOU HAVE A LEGAL OBLIGATION TO REPORT THE CHANGE ONLY IF IT IS +/- 25% diffrence in the weekly income, regular over time or bonues are avraged sepratly and added back on).
2. Any change you or the ex submit. Under the law the other party has the right to be informed in writting. Then provided normally 14 days to provided any evidance that may effect the decision. Bother you and they are entitled to see all and any evidance submitted. (Appart for some instances where there is evidance of domestic abuse).
3. Check the figures, keep every single letter. where possible do everything it writting. If you use the portal keep regular screen shots. Infomation and dates change on there all of the time.
Problem 3 - The ex:
These situations are never easy! They is no magical answer.
However! If your ex continuesly makes the same or simular accusations to the CMS, and they are rejected by the CMS over and over (Normally because the are unfounded). Under the law is harasment. And is reportable to the police.
But consider your situation carefully this could ultamatly make things alot worse.
I hope this helps a little, I do tend to waffle on!
Good Luck
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