Can we appeal CMS calculations?

January 11, 2016

Hi I am hoping someone can offer some advice.

My husband submitted paperwork to the CMS to allow the maintenance claim to be calculated.

It included his 2015 tax return and a 2016 projected return.

He was made redundant in 2015 and the tax return included paye earnings as well as self employed earnings following his redundancyicon.

Cms then spoke to his accountant who confirmed he was now solely self employed.

Yesterday we received calculation paperwork based on his gross paye earnings and not the current subcontractor earnings.

He phoned to appeal this as the figures would be very different and was told they can only use his 2015 tax return.

How can we appeal this decision as the next set of returns aren’t due until April and he simply can’t afford to start making the current payments as the calculations are wrong and he will never be able to retrieve this back.

Any help would be appreciated.


  • Elisabeth Darville says:

    I can’t help but we are in this situation but a year down the line. We have been told that it can’t be appealed (at the time) or that they did re-assess and that nothing will change. The only thing they suggested was leaving job and re-starting to make an all new claim. But we still facing £5500 arrears when he only earn £5000 in that period due to self employment. So definitely not correct.
    We ensure all documentation is now paper so we have an audit trail. We have asked for the income they have used for assessment and we never hear anything to our requests but they want us to reply and pay back immediately.
    Our fist port of call though was for it to go to appeal. So advise that even though its not worked for us.

  • John says:

    take all your paperwork as evidence to your local M.P. Inform your M.P. of the discrepancies and ask him to act for you with regard to maladministration of your case.

    Good luck!

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