CMS and paying party in dwp debt arrears

T.T.D

I am primary resident parent to my 3 children,
Two with complex medium functioning ASD my youngest is now 15.

The eldest are above 18 now so no CMS for them, but the youngest I’ve had a hard time trying to get CMS for.

May last year I made an online application for my daughter, direct pay failed (even though I selected collect and pay as this was preferred due to past DV and ongoing threats against me. CMS decided that they would follow the direct pay method, ex had a payment schedule and CMS gave her my details on my behalf, she failed first, payment failed on the second and the third, I made sure to give her time, so I requested collect and pay.

A number of weeks went by and the online portal time scale past to get this done by, I called CMS who said that who ever was processing this didn’t action it, because CMS had contacted her and she said she didn’t have my banking details in order to pay me, but the system has the correct address and a letter was sent, the call handler then said he will send her another letter to allow her time to set up a direct pay, I said that this isn’t acceptable, I requested collect and pay due to DV issue from the start, and because she states on a call she didn’t have my details you’ve taken pitty and given my bank details for direct pay yet again? 

I asked for case escalation to case manager but I was hung up on.  Called back to be told that the previous call handler I spoke with has actioned the letter and now I had to wait again for her to fail a payment to get a direct payment changed to collect and pay. 

I had a new schedule for payment through the post for September 2nd being the first payment and as expected she failed to pay, (my ex has had very little contact with the kids light touch surface stuff like video calls and phone calls just to find out gossip on me and try and alienate them and confuse them). In September I requested a collect and pay and it was granted 28 days later.

Ex had my youngest daughter over the six weeks holidays and she became withdrawn and spent less and less time calling me and I had terrible trouble getting hold of her and she ignored many a text from me her grandad and her sisters.

She came back a different person, standoffish and lots of back chat, I had behaviour outbursts in school and directed at me, her mental health declined and she spent a lot of time in her room on call with her mum.

I spent lots of time and effort along with school to get her into a counselling program at school and also managed to get her space on the anxiety and well-being program conducted through camhs in school. I was just awaiting the time table dates and letter to ring and confirm to them she still wanted this. 

Then in November she came to and said she wanted to move in with her mother, and I let her because even though I knew it was against my better judgement, she wanted it and I thought she needed to experience life with her mam, and so off she went. 

I had a new Payment Schedule from CMS starting December 16 2022 so I informed the powers that be that she had moved out and made the benefits transition easy for the ex. I also voluntarily put child maintenance into her account my total income is just over 600 minus 400 for esa cont based benefit and no child benefit but I always paid every week a £10.00 because that’s what I felt I could afford.

My daughter spent the best part of December January and then it all came crashing my down last weekend she called me in distress, there was several issues of neglect at varying degree’s and her mental health was really poor, she’s moved back in for good and wants to better herself, make things tight with school and go to college she knows this wouldn’t be possible with mum. 

I’ve never had a single penny from my ex and I’m not expecting to without intervention.

I called CMS back today and explained the situation, I queried the arrears owed to me and having looked at the case file the Call handler stated that DWP has declined to process the request for the payment due to ongoing collection priorities he said they will continue to ask on a monthly basis though. 

He said i can add her back on once the child benefit has been processed, but said if there is priority collection on her end I won’t get a payment until this is resolved.

So…sorry for this long winded post!…..is this the the loophole to avoid paying child maintenance? Just continually ask and get for loans on your UC and CMS is blocked from requesting the payment because DWP see their debt collection as a priority?