Maintenance calculation

Kim18035

Hi ,

My ex is getting benefit from Department of Work and Pensions but he also gets ill pension from his private insurance scheme which is taxable. Per maintennce groups if you get one of the listed benefits then you pay 7 pounds a week and they do not ask for any additional income . Anybody knows if his ill pension should be also taken into account to calculate our child money ?

HoneyNutLoop

Hi, you mention both insurance and pension in your post. You could apply for an earned income variation if it is a pension, is taxable and he is not receiving an income based benefit. However, if it is an insurance payout, such as if he had an income protection policy or serious/critical illness cover it's not counted as income.

Also, some pensions paid for injury or disability are tax exempt, and so don't count as income for child maintenance:
http://www.legislation.gov.uk/ukpga/2003/1/section/641

Kim18035

Hi ,

Per private insurance scheme I meant ill pension from his private pension . I know he is paying tax on it so should it be taken into account by CMS or just his benefit from DWP ( it is contribution based ) ?

Thanks for any advise.

HoneyNutLoop

You will need to apply for a variation for it to be taken into account, and the gross taxable pension income must exceed £100 weekly. If it doesn't, the variation will be rejected.