Child maintenance is changing - Frequently Asked QuestionsI've received a letter about child maintenance changing. Why have you sent it to me?We are writing to all parents on benefit, who have the main day to day care of their child/ren and who are clients of the Child Maintenance and Enforcement Division’s Statutory Maintenance Service.
From 27 October 2008 the law on child maintenance is changing and we have a legal obligation to tell you what that means for you. The changes mean parents who in the past have had to use the Statutory Maintenance Service because they were receiving benefits no longer have to do this.
You can stay with the Statutory Maintenance Service and we'll continue to collect child maintenance on your behalf; or choose to leave the Statutory Maintenance Service and make your own private arrangements for child maintenance with the other parent of your child(ren).
It may take you some time to think through your options, so by writing to you now, you have a chance to think about how you might like to arrange your child maintenance in the future.
There is a new and impartial service called the Information and Support Service that helps parents/people who need to think about arranging maintenance for their children.
Have you contacted the other parent of my child(ren) about this or passed on any details to him/her?No. This letter has only been sent to you as the parent with day to day care and not to the other parent of your child(ren).
What do I need to do now?If you want to stay with the Child Maintenance and Enforcement Division’s Statutory Maintenance Service you don't need to do anything.
If you want to leave the Statutory Maintenance Service, as an existing client, you'll need to stay with Statutory Maintenance Service until 27 October 2008 when the changes become law.
If you are thinking about leaving the Statutory Maintenance Service and want to understand what other choices you have, a new information and support service called Information and Support Service can help you. They can help you to put in place the maintenance arrangement you consider most appropriate for your circumstances.
The changes don't become law until 27 October. This means that the Statutory Maintenance Service isn't allowed to make changes until then.
If you need more time to think about whether you want to close your case you can call back on or after 27 October.
If you decide to leave the Statutory Maintenance Service then any maintenance currently paid will stop so you will want to have an alternative arrangement in place if you want money to keep flowing.
If you're receiving child maintenance now, we will continue to collect this for you unless you close the case.
Why can't I leave the Statutory Maintenance Service until 27 October 2008?The changes don't become law until 27 October 2008.
Do these changes affect the way the other parent of my child(ren) pays my child maintenance?These changes do not affect the way the other parent of your child(ren) pays child maintenance under the existing statutory maintenance schemes.
Under the current schemes, we will continue to collect your child maintenance from the other parent of your child(ren) as before.
Under the old scheme (i.e. where child maintenance is worked out using the scheme that started before 3rd March 2003) and where the non-resident parent is currently making payment any child maintenance collected on your behalf will be paid in the same way that your benefit is currently paid. This means that if you have provided bank details to the Social Security Agency we will pay any child maintenance into this account.
If you do not want this to happen you will need to provide us with the relevant bank account details into which you would like child maintenance paid. However, if you did provide up to date bank details after 14th July then we will pay any child maintenance collected into this account.
I don't want you to pay my child maintenance money into my benefit bank accountThat's not a problem. Can you ring 0845 608 0022 and give them the details for a different bank account. These calls will be charged at a local rate.
Why do I have to tell the Social Security Agency about my Child Maintenance?From 27 October 2008, the Statutory Maintenance Service will pay all child maintenance received directly to parents with care.
It will be your responsibility to inform the Social Security Agency of the amount of maintenance you receive so they can calculate your benefit entitlement.
If you don't promptly inform the Social Security Agency of any child maintenance you receive you will be committing benefit fraud. This may result in legal action being taken against you.
Who do I have to tell at the Social Security Agency about my child maintenance?From 27 October 2008, you'll need to contact your local Social Security Office.
Don't you already pay my child maintenance directly to me?You do not receive full child maintenance payments as well as your Income Support or income-based Jobseekers Allowance. This is because the Government keeps some of the child maintenance money paid by the non-resident parent to make up for the money paid as benefits.
Instead, you receive whatever benefits you are entitled to, plus a child maintenance premium. This can be any amount of up to £10 a week of child maintenance that the non-resident parent pays to us.
From October 27 October 2008, you can keep up to £20 a week of any child maintenance paid before it affects the amount of benefit you may receive.
Old scheme example:
While you are on benefit you receive no child maintenance, regardless of whether any is collected on your behalf.
From 27 October 2008, the Statutory Maintenance Service will pay all child maintenance received directly to parents with care.
It will be paid straight into the bank account where your benefit is paid, unless you tell us otherwise.
You will be able to keep up to £20 a week, of any child maintenance paid before it affects the amount of benefit you may receive.
It will be your responsibility to inform the Social Security Agency of the amount of maintenance you receive.
New scheme example:
Currently, the Statutory Maintenance Service might have collected £30 a week from the other parent of your child(ren).
If you receive Income Support/Jobseekers Allowance, you would receive £10 child maintenance and the other £20 would have been kept by the Government to help pay your benefits.
From 27 October 2008, the Statutory Maintenance Service will pay all child maintenance received directly to parents with care.
It will be your responsibility to inform the Social Security Agency of the amount of maintenance you receive.
You will be able to keep up to £20 a week, of any child maintenance paid before it affects the amount of benefit you may receive.
If you're getting more than £20 a week, you continue to receive any maintenance payments and your benefits will be adjusted accordingly.
What's the Child Maintenance bonus and how do I get it?The Child Maintenance bonus only applies to old scheme cases and to people who have found a job and stopped claiming benefit by 26 November 2008. If you or your partner are on benefit and go back to work, you may be entitled to receive a Child Maintenance Bonus. This is a payment of up to £1000 based on the amount of child maintenance that has been collected for your child(ren).
The Child Maintenance Bonus is coming to an end on 27 October 2008 2008. You must satisfy the qualifying criteria and have stopped claiming benefit by 26 November 2008 to be entitled to any bonus that may have built up. You then have a further four weeks to claim the bonus
The Child Maintenance Bonus is paid by the Social Security Agency. For more information on how to claim it, go to our Child Maintenance Bonus page.
If I leave the Statutory Maintenance Service what happens to any maintenance that I am owed?From 27 October 2008, you are free to leave the Statutory Maintenance Service even if there is money you are owed.
We will discuss any money still owed to you if you decide to leave.
If I decide to leave the Statutory Maintenance Service after 27 October 2008, can I come back if any arrangement I make with the other parent of my children doesn't work out?Yes. If you want to leave the Statutory Maintenance Service but then return later, you can, but you will need to reapply via the Social Security Agency.
If your own arrangement does not work, the Statutory Maintenance Service will not be able to help you recover any unpaid maintenance from this period.
The Statutory Maintenance Service will only be able to collect child maintenance from when you re-apply and the non-resident parent has been contacted and an effective date for child maintenance has been established.
If I opt out of the Statutory Maintenance Service, will I still get my child maintenance?Not unless you put in place an alternative private arrangement in order to continue to receive child maintenance from the other parent of your child(ren).
If you decide to leave the Statutory Maintenance Service and you still want to receive child maintenance from your partner, you will need to make a private arrangement with them.
There is a new and impartial service called the Information and Support Service that helps parents/people who need to think about arranging maintenance for their children.
The website can help you understand what options you have and help you put a maintenance arrangement in place. It also helps put you in touch with organisations who you can speak to if you need help with other problems, such as debt or housing.
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