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Also depending how you make your contributions there could be a time lag too. If employer deductions these will show on payslip and easy to work out gross income and so CMS can factor in sooner. If private pension contributions then you need to wait for statement from pension provider to show contributions and different providers have different frequency for producing.
Also remember, if private pension your contribution is net of tax and so your statement would need to show the contribution you have made plus and tax rebate which the CMS need to add together and deduct from your gross income. If this makes sense? I've heard many stories where paying parent struggles to get CMS to understand this and have had to appeal or wait for an annual statement showing the contributions and tax rebate or get pension provider to send a bespoke letter (sometimes at cost)...
Hi Will, how did you get on with this, really interested, as I am 55 in October and looking to retire no later than 60, mainly due to ill health. I a aware of the rationale behind the pension contributions and there is case law to support an older person, who has previously not paid contributions and needing to prepare for retirement. I started paying 45% from 53 and am looking to increase to 60% when I hit 55. Common sense is clear that this should be acceptable and not a diversion of income, but just wondered how you got on. Would really appreciate any other members experience
Funnily enough I just received a decision this morning from the CMS on this.
They were actually making a decision on a notional income variation applied for by my ex (refer https://www.dad.info/forum/child-maintenance/notional-income-variation/#post-124601), however as I provided full financial disclosure as part of that - including pension provision - they have also made the decision to assess me on the full value of my additional pension contributions 'due to my existing pension provision'. These are contributions I make in addition to the standard workplace pension I am a member of.
So the CMS have made this decision despite :-
1. A previous request by my ex- for a 'diversion of income' variation on these grounds having been rejected on the grounds that these contributions were 'not deemed excessive'. I presume this decision was made by reference to the 'table of acceptable pension contributions' the CMS use (referenced earlier in this thread).
2. Including ALL my pension provision I estimate that I will get on retirement an annual pension of approximately £23K (this is without taking any tax free lump sum)
3. My current age of 57.
i see. Your gross is before any pension. I would challenge based on 36020 as it is the only real way to make some sense of your pension situation. As you say the 36019 makes no sense for most people as there are so many variants (e.g. you started at 25 and stoped at 30 and restarted at 55)
Hi
Reading through this thread and I recall your previous one, gosh things are so complicated.
What I would be interested in knowing and potentially one for you to put forward, is that on what basis is the person at the CMS who is reviewing and making such decisions qualified to do so? These decisions impact upon so many financial aspects (mortgagw/house/pension/annuity/retirement income) that only a qualified financial advisor can really only break it all down and ascertain certain aspects eg if you are forced to reduce your pension payments the impact this will have on retirement income.. I would continue to raise appeals until all avenues are exhausted but also consider obtaining financial advice about your situation (appreciate the cost involved) so that you can present this to any appeals too.
Keep us updated, all the best.
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