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    • Niceperson
    • By Niceperson 14th Mar 17, 1:23 PM
    • 9Posts
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    Niceperson
    Husbands ex and daughter claiming CMS but daughter not going to college
    • #1
    • 14th Mar 17, 1:23 PM
    Husbands ex and daughter claiming CMS but daughter not going to college 14th Mar 17 at 1:23 PM
    My husbands 17 year old daughter claims to be in college but actually not attending. He tells the CMS but because when they ask his ex wife if his daughter attending college and she say yes they won't listen. This also happened to us with his older son but on the old system! So she basically claims money she is not entitled too. She is on the benefit system so we have contacted benefit fraud and child benefit who replied back but again I'm not convinced they have looked into them. When we ask the daughter for her attendance record we don't hear off her! Any suggestions thanks
Page 1
    • DUTR
    • By DUTR 14th Mar 17, 1:33 PM
    • 10,735 Posts
    • 6,090 Thanks
    DUTR
    • #2
    • 14th Mar 17, 1:33 PM
    • #2
    • 14th Mar 17, 1:33 PM
    As long as she is enrolled then there is no case to answer.
    • Niceperson
    • By Niceperson 14th Mar 17, 1:38 PM
    • 9 Posts
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    Niceperson
    • #3
    • 14th Mar 17, 1:38 PM
    • #3
    • 14th Mar 17, 1:38 PM
    They have to attend regular in order for CMS to be paid or its fraud.
    • DUTR
    • By DUTR 14th Mar 17, 1:48 PM
    • 10,735 Posts
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    DUTR
    • #4
    • 14th Mar 17, 1:48 PM
    • #4
    • 14th Mar 17, 1:48 PM
    They have to attend regular in order for CMS to be paid or its fraud.
    Originally posted by Niceperson
    Between 16-18, the child has to be in further education or working, if they are enrolled then that box is ticked, as far as I know the child cannot leave the system until past their 18th birthday.
    The poor attendance will be between the student and the further education department.
    • NotSuchASmugMarriedNow
    • By NotSuchASmugMarriedNow 14th Mar 17, 9:56 PM
    • 530 Posts
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    NotSuchASmugMarriedNow
    • #5
    • 14th Mar 17, 9:56 PM
    • #5
    • 14th Mar 17, 9:56 PM
    What makes you think she's not attending college?
    Overactively underachieving for almost half a century
    • jondav
    • By jondav 15th Mar 17, 1:24 PM
    • 499 Posts
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    jondav
    • #6
    • 15th Mar 17, 1:24 PM
    • #6
    • 15th Mar 17, 1:24 PM
    My husbands 17 year old daughter claims to be in college but actually not attending. He tells the CMS but because when they ask his ex wife if his daughter attending college and she say yes they won't listen. This also happened to us with his older son but on the old system! So she basically claims money she is not entitled too. She is on the benefit system so we have contacted benefit fraud and child benefit who replied back but again I'm not convinced they have looked into them. When we ask the daughter for her attendance record we don't hear off her! Any suggestions thanks
    Originally posted by Niceperson
    Write to the CMS and ask for a Child Benefit Check. This is more than just asking the other parent, they check to see if child benefit is still being paid or not. Although don't hold your breath, we have requested this three times now and got no response at all. So at the moment, the payments that OH makes have stopped until they prove that they need to be made.

    I feel for you, it's very stressful, do come back and let us know how you get on
    • Niceperson
    • By Niceperson 15th Mar 17, 1:39 PM
    • 9 Posts
    • 2 Thanks
    Niceperson
    • #7
    • 15th Mar 17, 1:39 PM
    • #7
    • 15th Mar 17, 1:39 PM
    Thanks for your reply. It is very stressful knowing they could be taken money they are not entitled too like she did on the old system and got away with it! We have written to child benefit and gave them all info about what happened with my husbands son and we did get a response saying they will look into it but we won't hear anything he has since rung again and hopefully she will be checked on but whenever we ask the daughter for her college attendance she goes quiet! But I'm sure it will all come out in the end like it did for his son but don't know
    How to get our payments back! The CMS have told us if it happens again we
    Will get our payments reimbursed. Not convinced.
    • jondav
    • By jondav 15th Mar 17, 1:53 PM
    • 499 Posts
    • 337 Thanks
    jondav
    • #8
    • 15th Mar 17, 1:53 PM
    • #8
    • 15th Mar 17, 1:53 PM
    Thanks for your reply. It is very stressful knowing they could be taken money they are not entitled too like she did on the old system and got away with it! We have written to child benefit and gave them all info about what happened with my husbands son and we did get a response saying they will look into it but we won't hear anything he has since rung again and hopefully she will be checked on but whenever we ask the daughter for her college attendance she goes quiet! But I'm sure it will all come out in the end like it did for his son but don't know
    How to get our payments back! The CMS have told us if it happens again we
    Will get our payments reimbursed. Not convinced.
    Originally posted by Niceperson
    Yep, they said exactly the same to us and I don't believe a word of it either!!

    I'm not advising you do this, but we have now stopped the payment until we receive proof that it is actually due and correct. If they ask why we have stopped, we will tell them that we are waiting for them to do their job and prove that the money is actually payable.

    The money is being kept aside so that if it does turn out to be correct, it can be paid in full without delay.
    • Niceperson
    • By Niceperson 15th Mar 17, 1:57 PM
    • 9 Posts
    • 2 Thanks
    Niceperson
    • #9
    • 15th Mar 17, 1:57 PM
    • #9
    • 15th Mar 17, 1:57 PM
    It's an idea we have thought of but thought they would put us on collect and pay where you end up paying more. But would they look into the college side ?
    • jondav
    • By jondav 15th Mar 17, 2:04 PM
    • 499 Posts
    • 337 Thanks
    jondav
    It's an idea we have thought of but thought they would put us on collect and pay where you end up paying more. But would they look into the college side ?
    Originally posted by Niceperson
    OH is already on the collect and pay system anyway - we had to do it that way because of his ex (long story). But they certainly should look into it yes, the problem is they very rarely do as they should and are allowed to get away with it year after year.
    • Niceperson
    • By Niceperson 15th Mar 17, 2:12 PM
    • 9 Posts
    • 2 Thanks
    Niceperson
    Write to the CMS and ask for a Child Benefit Check. This is more than just asking the other parent, they check to see if child benefit is still being paid or not. Although don't hold your breath, we have requested this three times now and got no response at all. So at the moment, the payments that OH makes have stopped until they prove that they need to be made.

    I feel for you, it's very stressful, do come back and let us know how you get on
    Originally posted by jondav
    So how long does collect and pay take to set up? I take it your still waiting for CMS to set it up as you mentioned you are putting the payments aside ready? Thanks
    • jondav
    • By jondav 15th Mar 17, 2:18 PM
    • 499 Posts
    • 337 Thanks
    jondav
    No sorry, I'll try to explain it better.

    It has been set up for a couple of years now, it isn't a new case. To be honest, he didn't have any involvement in the setting up.....he just received a letter one day from them advising how much he had to pay and how it had been calculated. He can't have a direct pay agreement because there is no contact whatsoever with the ex, or the children.

    So he started to pay and did so every month without fail, however he became unemployed for a few months and that is where it all began....that was two years ago and the CMS still haven't managed to get their act together. But when they want something, they demand that you reply within 7 days lol. They are a real joke, honestly, just be glad that the child is older and all this will soon be over.
    • Niceperson
    • By Niceperson 15th Mar 17, 2:26 PM
    • 9 Posts
    • 2 Thanks
    Niceperson
    Ok makes sense. Ours was a new claim from last year we were on CSA 2 and it closed and his ex opened a new case with CMS and tried to claim for son as well how cheeky knowing he wasn't attending college and we just think
    same going with daughter as his ex is on benefits and will lose quite a bit once she leaves if she hasn't already as we are suspicious as like previously said she won't discuss anything on her college and won't have a lot to do with us.
    • jondav
    • By jondav 15th Mar 17, 3:03 PM
    • 499 Posts
    • 337 Thanks
    jondav
    It's very difficult and other people (particularly on this forum I'm afraid to say) just assume that you are trying to get out of paying what you should by any means possible.....which of course is not the case, but it should be fair.

    It almost cost us our relationship because of the strain it put on us, but we sat down and decided that we would not let that happen. At the end of the day, like you say, once the benefits and everything else stops suddenly in a few years time, then the she will have to manage without his money and the benefits that she gets. She might even have to get a job!!!
    • Niceperson
    • By Niceperson 15th Mar 17, 3:24 PM
    • 9 Posts
    • 2 Thanks
    Niceperson
    I totally agree with you in the fact that people think we don't want to pay my husband was left in debt she had affairs and paid always for the children and quite a high amount 568 a month for one! But yeah as the saying goes what goes around comes around and she will have her day if not now! Hopefully if they are lying then they will get caught and case closed anyway thanks for your advice it does help.
    • jondav
    • By jondav 15th Mar 17, 3:37 PM
    • 499 Posts
    • 337 Thanks
    jondav
    Best of luck
    • Rejast
    • By Rejast 15th Mar 17, 7:30 PM
    • 41 Posts
    • 73 Thanks
    Rejast
    It's an idea we have thought of but thought they would put us on collect and pay where you end up paying more. But would they look into the college side ?
    Originally posted by Niceperson
    They will only look into the child benefit not actual attendance, if the parent is receipt of Child Benefit they are able to claim maintenence. If the child is enrolled for the term (whether they attend or not) they are eligible for Child Benefit.

    I've had experience where a child has turned up to enrol at college, attended for a week or so but still been eligible for CB and CM for the whole term, got kicked out and enrolled somewhere else. and so the cycle continued
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