CMS complaint

marcia_

LightFlare said:

When you say full time education does that mean he attends college 5 days a week and for full days ?

 Doesn't need to be 5 full days to be classed as full time 

sheramber

sariehall2328 said:

All child maintenance and child benefit stopped when he left school then in September this year he decided to go back to full time at college for a levels so I applied for child benefit which I now have, then I applied for child maintenance, they have said they are closing my case as I’m not the main day to day parent for my son yet he lives with me and I support him which is why I am able to get child benefit, he How soon after applying for child benefit did you claim from CMS?hasn’t seen or spoken to his father since he left us 5 years ago, my question is how on earth can they come to this conclusion and surely they wouldn’t just take his word for this, my ex is a compulsive liar and hasn’t paid a penny willingly towards any of my 3 children and he’s not has anything to with any of them either 

How soon after applying for child maintenance did you apply to CMS?

Could they have checked before the records were updated to show your claim?

Jessy07

If you are in receipt of child benefit you can make a new claim. I believe the system checks if Child Benefit in payment and if it has ended the change is automated. 

sariehall2328

I have completed the mandatory reconsideration and they have concluded again that I’m not the parent with the main day today care for my son, unreal, I’ve uploaded as much evidence as possible and yet they still come to this conclusion. I’ve written to my MP and she then contacted the CMS, I then receive the attached, the HMRC apparently told them this? Not sure why, I rang the CMS as the next letter through again said they are closing my account as I’m no longer the parent with the main day to day care for my child, my MP has again spoken to them, the CMS have just told me on the phone that they will refer it back to my case worker and that it’s due to an ‘indicator’ on my account with the child benefit office that needs to be taken off as it’s coming through that I no longer receive child benefit and altho u can prove I do they need to stop this ‘indicator’

Whatever that all means I’ve no idea, I will keep chasing but after looking at reviews and a Facebook page dedicated to the d with more than 22 thousand people in then I don’t hold out much hope.

To the person telling me to take a step back and not get angry, thank you for your unhelpful advice, I am a very happy kind person and this is an injustice, my son needs this money to attend college, I work hard with 3 children, their father chose to walk away and said he doesn’t want anything to do with them, that’s his choice however he needs to pay what he should to help them while they are young. If you disagree with that then what’s the point of the CMS and why are you even replying to me. Anyway im going to leave it for my MP to deal with and if I don’t get the payments then I will take on more work to help my son through college as any decent good parent should. Thank you all for your replies I really appreciate the helpful ones out there.

sariehall2328

I forgot to upload the copy of the letter in response to my complaint! Here it is and they still concluded

in a separate letter that I’m no longer the parent with the main day to day care of my child. Very strange.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/81889988#Comment_81889988

“child benefit office that needs to be taken off as it’s coming through that I no longer receive child benefit and altho u can prove I do they need to stop this ‘indicator’”

That would indicate that Child Benefit have not updated your online account that you are now receiving payments.

I would suggest you contact Child Benefit and advise them that CMS have told you that your CB account has not been updated to show you now receive payments.

It will be Child Benefit who will need to update your record.