ESA and maintenance

Kim18035

Hi , anybody knows how CMS will calculate maintenance if paying parent from now stopped getting his ESA ? It is a bit confusing because actually he is still on ESA but gets 0 per week due to his occupational pension but DWP are still paying his NIN contributions and he has to provide them with medical certificates . He is thinking about applying for PiP and how this benefit could affect maintenance for our child ?

newbutold

Surely the CMS will base his payments on his income, so if he is getting an occupational pension the amount of CMS payable will be calulated based on how much pension he gets.

Kim18035

Hi , but please remember that he is still on ESA although with no income from it and CMS web page says ,that in such case ( when someone gets ESA ) maintenance is flat, just 7 pounds

newbutold

Kim18035 wrote: »

Hi , but please remember that he is still on ESA although with no income from it and CMS web page says ,that in such case ( when someone gets ESA ) maintenance is flat, just 7 pounds

I believe that is when there is no other income other than benefits. CMS will be calulated on the occupational pension income.

JJWSJS8700

You need to ask for a Variation Order or whatever they are calling them these days.

They use anything over his ESA amount, which I know is Nil, into consideration as normal.

That was sly move claiming ESA as a decoy when he knew he would only get NI contributions, was it?

Kim18035

Yes ,it was a smart move and I am worry that although he gets a high pension ( which affects his ESA by resulting nothing through it ) I will get only a flat rate of maintenance because in fact he is on benefit taken into account by CMS when calculating maintenance.

JJWSJS8700

Yes Kim , a Variation Order calculsted all income over his ESA rate (which I know you said is Nil), and the rest is calculated as normal.

I have been through exactly the same thing, they do not usually tell you to apply for a Variation Order, you have to request it, they say.