Self employed grant and child maintenance

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  • #44697 Report

    SCR184
    Participant

    Hi all

    New to the forum but looking for advice. Have a child maintenance agreement through the child maintenance service but my ex was/is self employed and claimed benefits as of 1st April.

    I know he has definitely received the self employed income support scheme grants so I was under the impression that I would be entitled to the same child maintenance payments.

    However, I’m getting tired of contacting the cms (since 13th May) and getting different answers, mainly, yes you are entitled but we have to do calculations and then an outright no you’re not entitled to a penny today.

    Does anyone know the correct answer please? We as a family are barely getting through each month now because of it.

    #46212 Report

    SJOL
    Participant

    I am having the exact same issue. I have explained that he will be recieving 80% of his average last 3 years salary which they calculated as 600-800 a week at 100%.

    He himself has told me he has received thousands yet they have only ordered him to pay £7 a week starting from 31st January 2021.

    I have replied back to them twice about the self employment grant and they just completely ignore me.

     

    I am having to get into debt to cover the monthly costs of outgoings meanwhile he gets to pay a massively reduced amount.

    it doesn’t make any sense.

     

    I would be really keen to hear if anyone else is having the same issue and If anybody else has had any further luck?

    #46287 Report

    rayuk
    Participant

    Hi

    I have had the same problem and have complained several times.  I recommend going online and selecting make a complaint then ask for the complaint response in writing.   There is then the option to take it to an independent person.   I have also contacted my MP.

    #48059 Report

    SJOL
    Participant

    After I posted this I contacted my local MP who confirmed with the minister for Welfare Delivery Will Quince who confirmed in a letter that SEISS payments are to be classed as income ;

    <span style=”-webkit-text-size-adjust: auto; caret-color: #000000; color: #000000; font-family: UICTFontTextStyleBody; font-size: 17px;”>Thank you for contacting me with your concerns over the Child Maintenance Service.</span><br style=”-webkit-text-size-adjust: auto; caret-color: #000000; color: #000000; font-family: UICTFontTextStyleBody; font-size: 17px;” /><br style=”-webkit-text-size-adjust: auto; caret-color: #000000; color: #000000; font-family: UICTFontTextStyleBody; font-size: 17px;” /><span style=”-webkit-text-size-adjust: auto; caret-color: #000000; color: #000000; font-family: UICTFontTextStyleBody; font-size: 17px;”>As you are aware, I put your question to the Welfare Delivery Minister, Will Quince, and have received the attached response.</span><br style=”-webkit-text-size-adjust: auto; caret-color: #000000; color: #000000; font-family: UICTFontTextStyleBody; font-size: 17px;” /><br style=”-webkit-text-size-adjust: auto; caret-color: #000000; color: #000000; font-family: UICTFontTextStyleBody; font-size: 17px;” /><span style=”-webkit-text-size-adjust: auto; caret-color: #000000; color: #000000; font-family: UICTFontTextStyleBody; font-size: 17px;”>I am pleased to see the CMS will be instructed to accept SEISS payments as income and hope this will improve the situation for you. Please feel free to forward the attached letter to your contact at the CMS if necessary.</span>

     

     

    …and then he attached the letter from Will Quince to supply to CMS.

    I had again been told a day prior to this that SEISS did not cover Child maintainace as it was to support people affected by covid not for child maintenance payment- which was clearly a complete and utter lie. I would strongly advise anyone in the same position to contact their MP.

    I still have no faith that the CMS will do anything about this, so we will wait the next battle of actually figures and getting the money..

     

    good luck

     

    #48061 Report

    steve3334
    Participant

    yes I have heard from others that their furlough money or self-employed grant counts as income and CMS have been calculating their maintenance from it. they probably do their usual 25% test to see if income increased or decreased by 25% or not.

    #51205 Report

    KellyWest19
    Participant

    I’m in a similar situation like the OP. What happened to you since then?

    #51253 Report

    KellyWest19
    Participant

    Any update?

     

     

     

    #51292 Report

    SCR184
    Participant

    In December I was told that because I questioned their calculation in October that they had used the wrong procedure and it had to go through mandatory reconsideration which should take 28 days. In January, I finally contacted my MP. In all honesty it didn’t help at all.

     

    I finally got a response on the mandatory reconsideration at the end of February where my ex has been told to pay arrears but still only £35 a month towards his son. In total, the arrears and £35 a month is much less than his original payment but I don’t have the confidence to go through court to challenge it anymore. My ex is literally laughing in my face and loving it.

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