Child Maintenance Service – Policy, Law and Decision Making Guidance

You are here:
Estimated reading time: 2 min

The Child Maintenance Service (CMS) is administered by a department within the Department of Work and Pensions (DWP) called the “Child Maintenance Group” (CMG).

We have been sent copies of a set of documents called “Policy, Law and Decision Making Guidance” (PLDMG). If you saw our recent post on Child Maintenance Policies then you will have started to understand the processes that caseworkers go through (or should go through) when dealing with CMS cases.

The PLDMG contains the detail around those processes, what the CMS is and is not allowed to do as well as the legal guidance available to caseworkers that they “should” be following.

Our research team at Voice of the Child has heard of many instances where the correct process has not been followed leading to hardship and issues with the children involved.

If a similar mistake or omission has been made in your case you may have legal redress to the CMS. In any event, we hope that by giving our readers the access to these files you will be able to ensure that your case is administered in the proper way, and, if not, that you will be able to complain citing the correct policies.

Here is the full list of documents in the PLDMG:

13 Week Linking Rule

42 day appeal timescales

Abbreviations and Glossary

Action of Furthcoming

Appeals

Applications

Arrears Methods of Collection Overview

Arrestment (Scotland)

Arrestment on the Dependence

Attachment (Scotland)

Bailiffs

Boarding school fees (Variation)

Can the child be a Relevant Other ChildĀ  – this was in the index but not provided

Certain Payments (Varition)

Changes to a Special Expenses Variation

Charge for Payment

Charging orders

Charging

Child of the family or Child abrod

Child supported under a family based arrangement

Contact Costs (Variation)

Corrections of decisions

Court Orders

Court Proceedings and Presentation

Credit Reference Agency

Current Income (Employment)

Current Income Self Employed

Deduction from Earnings Orders and Requests

Deduction Orders

Default maintenance decisions

Determining child status flowchart

Direct (non scheme) payments

Direct Lodgement

Direct Pay Choice

Diversion of Income (Variation)

DMG Debt Steer

Earned Income Variations

Effective Date Table 1 – Initial Effective Date

Effective Date Table 2 – Supersession – Income Related Changes

Effective Date Table 3 – Supersession – Add Child Role

Effective Date Table 4 – Supersession- Remove Child Role

Effective Date Table 5 – Supersession – Other

Effective Date Table 6 – Close Case

Effective Date Table 7 – Revisions

Effective Dates

Estimating current income

Evidence and Decision Making

Exceptional Attachment

Financial Transition

Freezing Orders

Guardianship

Historic Income

Income Reviews

Inhibition

Initial Effective Date

Interim Attachments

Last Known or Last Notified Address

Legal Enforcement (England and Wales) Ovrview

Legal Enforcement (Scotand) Overview

Legislation

Liability orders (Scotland)

Liability Orders

Long Term or Illness Disability of a Relevant Other Child

Maintenance Calculation Overview

Managing Client Contact

Mandatory Reconsideration

Notifications

Offsetting Third Party Payments

Order for interdicting and action for reduction (Scotland)

Other factors Overview Maintenance calculations

Overpayments

Parentage Disputes

Payment Allocation

POST-Initial dispute ASSUMED at initial MC – flowchart

POST-Initial dispute NOT ASSUMED at initial – flowchart

PRE-Initial MC Parentage flowchart

Prior Debts Variation

Rates and Rules

Reactive Transition

Recovery from Deceased Estates

Relevant Other Child Decision Making Guidance

Revisiting decisions flowchart

Revisions

Role Reversal and Split Care Offsetting

Sanctions (Scotland)

Sanctions

Service Types and Methods of Payment

Setting Aside Disposition Order

Shared Care

Supersessions

Suspending Debt

Third Party Debt Orders

Umbrella Company

Unearned Income Variation

Universal Credit

Unlikely To Pay

Variation Orders

Variations Overview

Verification of Death

Voluntary Payments

Write Off and Case Closure Write Off

As you can appreciate, there is a lot of information in the PLDMG and we will be going through it and highlighting various sections in individual posts in the future. In the meantime, we would like your help in identifying things that the CMS has not done (but should have done) with respect to your cases.

If you become aware of any new guidance then please let us know so that we can post it here for others to see.

 

In a Family Law system designed for combative parents there is no real allowance for the views of children and any understanding of how Family Law ultimately impacts on children most of all.

We speak for the children in Family Law so that, finally, the children have a voice.

Was this article helpful?
No