Child Maintenance - issues with calcs and appeals

Thorndorise

Hi,

Won't go into all the details as it is a little moot. I'm now at the stage where my last 'complaint' was classified as an mandatory reconsideration (even though I explicitly stated I did not want one), it appears human errors have been made throughout the process.

I'm a little daunted by the next step, which is an appeal against their last MR (which isn't really the whole issue). It seems I'm having to potentially take the DWP/CMS to court (via HCTMS) and get the appeal heard. 

As described above this seems like massive overkill to effectively correct an error they have patently made, but seemingly are not keen to admit. I guess the issue with MRs is someone new looks at the them.

It won't be news to anyone I'm sure, but every time I ring I am either promised something that doesn't happen or given the wrong advice. Possible curve ball is that I am the applicant and the paying parent (believe it or not, trying to make my life a little easier, instead I've wracked up months of to and fro and no real resolution).

Any guidance, thoughts, support - anyone have similar issues? Can anyone advise on the appeals process through experience? Many thanks

tacpot12

How important is it that you get the error corrected? If it is important (and the error is unlikely to reoccur) then I would say you should dig in and take it to tribunal. Sometimes issues are settled when a lawyer gets involved on the CMS side, as the case is looked at again (but only from a legal perspective). 

Thorndorise

tacpot12 said:

How important is it that you get the error corrected? If it is important (and the error is unlikely to reoccur) then I would say you should dig in and take it to tribunal. Sometimes issues are settled when a lawyer gets involved on the CMS side, as the case is looked at again (but only from a legal perspective). 

Really good question, thank you...

Ultimately what I have found through this process is that there is quite poor knowledge on the CMS side, some of the decision making has been exceptionally poor, and the lack of ability to be able to communicate in a real-time manner (and indeed check the things that I've uploaded for ref) I find baffling.

It's more the principle, I know the decision they have made is incorrect, both based on the legislation and their own DM guidance (which I cited many times). So it's not important massively to me, it's more a case of getting them to realise that if people don't complain they won't see the awful and repeated errors that occur.

I count myself as pretty clued up, so find the injustice quite hard to deal with. If I were less clued up or less privileged in my background, and struggled to see the errors, I think it would be stressing me out way more.

What I can say is that it's more a matter of principle, even the language used when they write to me (and on their website) is geared towards 'avoidance of paying' rather than being a willing participant in the process that I want them to just get it right.

Will the error reoccur in the future? - given the way in this instance it has done I would be inclined to say very likely year on year, as it seems the DMs don't understand their own guidelines. I want that to change (not sure I can do it on my own).

Maybe I'll give it a go, I just find it really disappointing that they cannot get it right even when I've given them all the answers to the questions I've raised. Thank you for the sense check..,.