Unemployment because of illness

JohnConnor · 9 July 2018 at 9:47PM

I need some advice on possible future retrospective claims for child maintenance payments. I've been diagnosed with a condition that is preventing me from working, so I've lost my job. I'm hoping to get this treated and find new employment in the future as I can't afford to not work.
Do I still have to pay my ex for child maintenance when I am not in work? At the moment I do not have any other source of income and am depending on my current partner to support me while I get through the treatments.
If I get a job again in a year or so, maybe more as I don't know how long this will take, would I have to pay what I should have paid when I was off sick? As of today I have no arrears as I have always paid promptly and am up to date. Please help!

suki1964 · 9 July 2018 at 10:38PM

Of course you are liable for maintenance payments, your child isn't just going to stop wanting food and clothes because you aren't working

if you are unable to work you put a claim in for ESA. Whilst on benefits your payments will be reduced but you are still liable

Topcat1982 · 10 July 2018 at 12:01AM

If I get a job again in a year or so, maybe more as I don't know how long this will take, would I have to pay what I should have paid when I was off sick?

No it doesn't work like that. You will update them of your new situation (ESA/JSA) and they will take a % of that. You can use the online calculator to see how much it will be.

HoneyNutLoop · 10 July 2018 at 5:35PM

The most important thing you need to do is tell the CSA/CMS about this change. They will only change your payment from the date you report it unless you claim a qualifying benefit that leads to backdating.

If you have no income and no qualifying benefit, your payments will (eventually, probably with several follow up communications) be reduced to nil from the date you told CSA/CMS about the change.

If you claim and are awarded ESA or JSA you will be assessed at the flat rate of maintenance unless you also have shared care, in which case it will be nil.

JohnConnor · 15 July 2018 at 8:31PM

Thank you all for your replies. I will definitely pay whatever I can for my son over and above the basic % calculated by the child maintenance service because his needs come first. I have told the CMS about the situation.

But what about when I recover and get a full-time job again? Can they charge me maintenance for the time I was off work as back-pay? I know my ex will try to get it, as she does not care that I am seriously ill right now. I know I won't be able to afford to pay 1-2 years payments all at once at that point

Topcat1982 · 16 July 2018 at 7:34AM

JohnConnor wrote: »

But what about when I recover and get a full-time job again? Can they charge me maintenance for the time I was off work as back-pay?

No.

But phone asap and tell them about your new situation.

Unemployment because of illness

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