Full time education over 16

[Supportingpartner]

Hi,
I am actually here as trying to support my partner. He is paying child maintenance for his son who just turned 18. Apparently he is still in full time education but it's hard to know. We have tried contacting the college, but they refused to give us information. We have phoned DfE, Coram (Children’s Legal Centre) but there is no guidance around this. I have created a petition to try and get the legislation changed. We would like to ask Child Maintenance Services to change the way they gathering information and instead of relying what the claiming parent says or sends to Child Benefit, request an evidence from the child's education setting to confirm how many hours the child (in this case adult) is actually studying. If it's under 12hrs (not full time) the payment can be stopped when the child turns 16. Is anyone else facing the same issue and would anyone be interested singing the petition?
Thanks

 

[Resolute]

I would be interested in signing the petition.

Shouldn't the CMS be investigating this, rather than you?

 

[Supportingpartner]

The CMS relies on the information they get from Child Benefit. And we know it from experience all you have to do is fill in a from and say your child is in full time education. You don't have to evidence it and they only do random checks.

 

[Supportingpartner]

Petition: Child Maintenance to evidence if a child over 16 is in full time education.

Child Maintenance Services are relying on the words of the claiming parent. It is impossible to gather evidence from the school for a paying parent, as the school can deny the access to information if the child is over 16. Paying parents can't prove if they think the child isn't studying full time.

petition.parliament.uk

 

[Resolute]

The CMS relies on the information they get from Child Benefit. And we know it from experience all you have to do is fill in a from and say your child is in full time education. You don't have to evidence it and they only do random checks.

I am only just getting my head around CMS as a new "customer". But, I think you can initiate a process that makes them reassess the situation more closely. So far I have found them really helpful and cooperative when I have spoken to them on the phone. It has taken a while, but they are willing to put things right if you have the patience.

Will sign now.

 

[Supportingpartner]

Thank you

 

[Bretbydog]

I am struggling to get my head around the 12 hours supervised study, my son goes to college for only 11 hours a week, and does some remote learning, in my eyes, his mother is fraudulently claiming the CMS money which she mainly spends not on my son, and fraudulently claiming child benefit which is the same criteria for qualification. What actually is the "supervised study" surely studying online at home is not supervised study. Can anyone help?

 

[Ash]

It sounds very wrong. Someone else was saying they were told they couldn't get information about the child because it's up to the child to tell them (privacy) if they're over 16. Well that's all very good and logical unless the child lives with a Mother who controls them!

Of course their educational status should be verifiable if it affects CMS. I agree with Resolute to maybe contact CMS (don't get angry with them, they can be really helpful if you're nice and polite and asking for their help with something). If they can't help then have you tried writing to your MP? At least raising the issue and explaining it.

All I know is all kids over 16 have to stay in some form of education until they're 18. But at 18 I think it's only really if they're doing a full time course at University or College that CMS has to be paid until they finish education.

All I can think is that if you can't get the information, that you apply for a specific issues order so child's educational information must be given to you - because education is a PR matter.

 

[Bretbydog]

Hi,
I am actually here as trying to support my partner. He is paying child maintenance for his son who just turned 18. Apparently he is still in full time education but it's hard to know. We have tried contacting the college, but they refused to give us information. We have phoned DfE, Coram (Children’s Legal Centre) but there is no guidance around this. I have created a petition to try and get the legislation changed. We would like to ask Child Maintenance Services to change the way they gathering information and instead of relying what the claiming parent says or sends to Child Benefit, request an evidence from the child's education setting to confirm how many hours the child (in this case adult) is actually studying. If it's under 12hrs (not full time) the payment can be stopped when the child turns 16. Is anyone else facing the same issue and would anyone be interested singing the petition?
Thanks

I am interested, I am in a similar situation where my son is only at college 11 hours a week and has no money, he gets very little of his mother, and it looks to me like she is fraudulently claiming CMS and child benefit. I told the CMS this and they just ignored it as usual

 

[Ash]

If they're over 18 you probably can't get a specific issues order - if they're 16 you might be able to.

 

[Ash]

It seems this has been a massive loophole for years. CMS just take the Mother's word for it. Suggest writing to the LEA and saying this is specifically related to a Child Maintenance Payments issue in that CM is only payable to the resident parent if the child is over 16 and in full time education, and full time education is classed as 12 hours a week or more. Can they please confirm if this is the case or not because as a paying parent, you need correct information to give to the CMS.

You could try that maybe. And write to your MP. I am sure I will get stung for this too.

 

[Jools]

Hi,
I am actually here as trying to support my partner. He is paying child maintenance for his son who just turned 18. Apparently he is still in full time education but it's hard to know. We have tried contacting the college, but they refused to give us information. We have phoned DfE, Coram (Children’s Legal Centre) but there is no guidance around this. I have created a petition to try and get the legislation changed. We would like to ask Child Maintenance Services to change the way they gathering information and instead of relying what the claiming parent says or sends to Child Benefit, request an evidence from the child's education setting to confirm how many hours the child (in this case adult) is actually studying. If it's under 12hrs (not full time) the payment can be stopped when the child turns 16. Is anyone else facing the same issue and would anyone be interested singing the petition?
Thanks

Hi,
My husband is having the same issue. He does not have much contact with his son who is almost 19, the odd call now and then, however, if my husband asks his son about his studies or what he is doing at College, his son changes the subject and will not entertain the conversation. We think his son is not in full-time education, but we cannot prove this. I would love to sign your petition, where do I find this?

Thanks