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Hi,
Can anyone assist or offer advice on the following as I have been trying for months to resolve this with the CMS;
My 17 year old child left approved education (Scottish Highers) on 29/5/2018 and I have a copy of the their school leaving form signed and dated as such. They are not going on to University or further education/training etc and have already got a job.
The UK Gov/CMS website advise;
Child maintenance payments usually stop when the child reaches 16 (or 20 if they’re in full-time education up to A-level or equivalent).
Child maintenance can also stop if, for example:
•the child stops being eligible for Child Benefit
•the parent being paid stops being the child’s main carer
•the parent being paid doesn’t want it any more
•either parent dies
•the paying parent is eligible for the ‘nil rate’, eg because they’re a student or a prisoner
The UK Gov/Child Benefit website advises;
When your child leaves approved education or training payments will stop at the end of February, 31 May, 31 August or 30 November (whichever comes first).
As my child left approved education on 29/5 and based on the above I contacted CMS requesting that payments should stop.
They agreed with my request however advised that I had to contact Child Benefit as they couldn't stop payments if child benefit was being paid.
I then contacted Child Benefit and asked re the above and was advised that if my information was correct then ex partner would have to contact them to inform them as I am not named on the child benefit for the child. I advised that they were refusing to cancel the payments as I had tried to do this via my child informing them. As a result they advised I had to report it as fraud and that it would be sent to the investigations team to progress, which I did.
I waited 2 weeks and called CB back only to be told that due to data protection they couldn't tell me anything!
I then received a letter from CMS advising that they had contacted my ex and they told CMS that my child didn't leave school on 29/5 (I have signed/dated official school leaver form) and as a result I had to provide evidence to show that they had.
I sent in the copy of the form and subsequently received a letter from the CMS advising that this was insufficient evidence.
What further documentary evidence would be needed I hear you ask and I asked that of CMS to be told they didn't know! Not only could they not tell me why it wasn't sufficient (other than because the system rejected it) they couldn't tell me what would be sufficient evidence. Not only this but every member of staff I have spoken to at CMS (and its someone different every time) still agreed that payments should stop as my child left school before the 31/5 cut off date, that they had also contacted Child Benefit who have responded saying they would be paying CB until the end of August.(without any explanation as to why)
Therefore because of this I had to continue paying as well. I pointed out what was advised on the websites and that CMS were agreeing with me!
I was then told that their hands were tied and couldn't do anything.
As a result I made a complaint as this couldn't be fair as I had proved my daughter left before the 31/5 and that my ex was lying. I also advised that on their own website it makes no mention of being tied to child benefit (first statement). That I had tried contacting CB without success because they won't entertain me in telling me anything due to Data Protection.
I subsequently received a call from a manager at CMS who advised that unless my ex told the truth then their hands were tied. That they would contact her again and tell her that they had to be truthful with them but if they still lied I would have to pay!!!
They also advised that they would speak to their Legal Team to see what they advised but they couldn't promise anything. That CB wouldn't tell them CMS the reason why they are willing to keep paying either. (unbelievable - one Government agency refusing to tell another)
[censored] has common sense gone out the window!!
Any advise assistance would be most appreciated before I go to the press and my M.P.
Hi There,
It's my understanding that CB will always be paid for a period of time after r they have left full time education, I also know that CMS/CSA work along side CB payments, they are unable to allow you to stop until the CB has stopped.
It's not fair but it's the system we are stuck with.
GTTS
Hi GTTS,
I appreciate the response and know I'm going to bang my head against the wall with this as I'm fighting the system. However its simply wrong when everything states that payments should cease and I have the necessary evidence to prove my child has left Approved Education prior to the required 'Cut Off' date 31/5.
There is nothing at all I can find that says payments should simply continue until August (except if child is 16 and leaves school or if my child had left after 31/5).
I have always willing and rightly looked after my child and done so much more to boot. (spending tens of thousands in going to court to get to see her)
Therefore for this system (CB and CMS) to just simply pay my ex transition money to see them through the summer is an absolute disgrace. The system is quick enough to demand its pound of flesh (don't even get me started on how CMS work out payments based on Gross Salary!!) but then doesn't want to play by its own advice and/or rules when children leave school and the payments should stop.
If CB want to overpay tax payers money that's up to them (how many people out there are getting this and how much is being paid just for the sake of it??) but I'm not paying nearly a thousand pounds to give them "their money" as it was quoted to me when my child asked them to phone CB to cancel the payments (so that I could use the payments to go towards buying my child a car).
I think I'll be dropping an FOI to CB and CMS as well as defending this in Court and a visit to my MP.
Regards
Frustrated
UPDATE - SUCCESS!!!
Just received a call 19/07/2018 from CMS advising that they re-contacted my ex who finally admitted that my child did leave school on 29/5 as I had stated.
As a result CMS will be closing the case as of 31/5. (although I have to make Junes payment as they work in arrears for payment) and I will receive a letter to confirm.
Faith restored in common sense!!
No longer Frustrated. :woohoo:
Great news! Well done for sticking at it.
For Information -
Confirmation as of today that case is closed!
Hopefully my circumstances as detailed will help someone else.
All I would say as don't take no for an answer; the number of fallouts I had with staff in CMS who kept initially quoting the party line that payments continued until 31/8 and were tied to CB is wrong, and even after they quoted to me the update on my notes left by the case worker "that payments were to stop on 31/5" - they told me that the case worker was wrong!!
Keep quoting what is detailed on their websites and ask where in legislation it states the opposite!
Frustrated.......to Contented
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