CMS, Law / Appeal Grounds

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  • #33520 Report

    KBaker
    Participant

    Does anyone know where I stand on this one regards to calculations and HMRC figures / appeals

    Ex is self employed, paid via umberella company & CIS, it’s not a question about not declaring or false expenses, he’s submitted tax returns and I have given evidence of monthly income submitted to HMRC by the contractor

     

    Nov 2015 – calculation based on both PAYE & SE income from 2015 figure from HMRC.

    NRP stops PAYE work

    Nov 2016 – calculation based on SE income given by HMRC for year 2016, latest full year available

    Nov 2017 – calculation based on SE income given by HMRC for year 2017, latest full year available

    may 2018 NRP starts to receives private pension now he’s 50, £13 PW in addition to SE

    Nov 2018 – calculation goes based back on 2015, states this is the latest available full year BUT and where it goes wrong, the figure is less than what was previously used for this year and only adds to the amount of PAYE income only.

    Nov 2019 calculation based on 2019 income, latest full year available and used his PAYE £13 income only.

    I’ve submitted evidence of SE income of £33,000 which they can’t use because he hasn’t provided it.  Looked at decision again and not changed. MR refused. MP involved and still no further forward

     

    ive submitted evidence of current income at £760 per week, CMS can’t use that as NRP hasn’t supplied it.

     

    CMS accepted a payment plan of £5 per month to pay back arrears. This years alone will take over 17 years to pay off.

    NRP didn’t make payment from May to November and since paid 1 month since calculation was based on £13 a week income

    is an appeal the only way to go? Anyone know of cases where a receiving a pension income overrides any other income?

     

     

    #33525 Report

    Strawberryone76
    Participant

    Hi, I to would also like to know if appeal is worth a go. NRP become unemployed so paid nothing since April. So in september involved CSA. They calculated NRP payments based on last years salary earnings which was more than they had been paying. However they requested  a reconsideration notice and now the NRP’s weekly income is zero  and I’ve  assumed it’s because they are now self employed.  Is it worth appealing against this as even though  they’ve declared zero income they must be living on something?

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