Incorrect child maintenance assessments
The petition of Craig Bulman,
Declares that many Non-Resident Parents (NRP's) Paying Parents (PP's) have been incorrectly assessed by the Child Support Agency (CSA)/Child Maintenance Service (CMS); further that these incorrect assessments followed by wrongful enforcement has caused the NRP's/PP's loss harm and injury, financial loss and an impact on their mental health, further declares that there is no proper way to compensate the victims who have been affected.
The petitioners therefore request that the House of Commons urge the Government to urgently compensate those affected by incorrect child maintenance assessments.
And the petitioners remain, etc.—[Official Report, 27 April 2023; Vol. 731, c. 18P.]
[P002831]
Observations from the Parliamentary Under-Secretary of State for Work and Pensions (Mims Davies):
The Child Maintenance Service (CMS) calculation process is simple and efficient; it uses income information for the latest available complete tax year, provided by HM Revenue and Customs (HMRC) which ensures transparency in the process and consistent use of data across Government. Access to income information reported by HMRC also allows the CMS to capture a wide range of income types, including income from property, savings and investments (including dividends), and other miscellaneous income. Calculations are reviewed annually so they stay up to date, and parents can report a change in their income at any time. If the change is significant enough, the CMS can amend the maintenance calculation.
The calculation is designed to be fair for both parents whilst ensuring the paying parent contributes a reasonable amount of their income to support their children they don’t live with. It takes into account the number of qualifying children, any other children that the paying parent is responsible for, and the number of nights the paying parent has overnight care of the qualifying children. The calculation represents an amount of money that is broadly commensurate with the amount a paying parent would spend on the child if they were still living with them.
Child maintenance calculation rates are set out in legislation. If a parent disagrees with a calculation decision made by the CMS, they can ask for a mandatory reconsideration. If a parent is unhappy with the outcome of the mandatory reconsideration, they can appeal to the independent Social Security and Child Support Tribunal within one month of the mandatory reconsideration decision.
Where the paying parent fails to pay on time or in full, the CMS will attempt to regain compliance. Paying parents are given warnings of the consequences of non-compliance and caseworkers will seek to establish reasons for missed payments, help parents get back on track with their payments and put a repayment plan in place. If a paying parent is experiencing financial difficulties, CMS caseworkers can signpost parents to financial support and debt advice.
Enforcement powers are used as a last resort and are designed to get money flowing quickly, prevent the build-up of arrears and ensure children get the financial support they deserve. These powers are important to deal with the minority of parents who do not pay, and to deter others from trying the same. Decisions about enforcement actions are made on a case-by-case basis, considering the welfare of all parties, and what will have the greatest chance of securing money for children.
The CMS must consider the welfare of any children involved in any decision regarding enforcement action. Safeguards are in place throughout the process to ensure enforcement action is reasonable and proportionate, and that paying parents are given adequate opportunities to challenge any decision.