Money, Benefits and Debt
Challenging what the CMS says you should pay
Summary
You might be able to claim extra costs if your new family includes a child who’s sick or disabled. The child’s illness must be expected to last 52 weeks or more, unless the child is terminally ill. They’ll also count as disabled if they’re registered blind. The child must be entitled to one of the following: * the care component of Disability Living Allowance (DLA) * the daily living element of Personal Independence Payment (PIP) The mobility components of DLA and PIP don’t count. The CMS will deduct the amount of benefit from the costs before calculating the variation. Amy pays £80 a week for a carer to help with her disabled son’s care. Amy gets DLA of £23.60 a week. This is deducted from the £80 she pays the carer (£80 - £23.60 = £56.40). The amount of special expenses the CMS will take into account is £56.40. You can claim things like personal care, medical aids which aren’t available on the NHS, extra heating and changes you’ve had to make to your home. Personal care includes help with dressing, feeding, washing, advice and emotional support. Medical aids include walkers, wheelchairs and bathing aids. You can ask for a variation if you have to pay back certain debts that were.
Key information
- the care component of Disability Living Allowance (DLA)
- the daily living element of Personal Independence Payment (PIP)
- you and your former partner when you were a couple
- the person looking after the child on a daily basis
- any child you’re paying maintenance for
- any child of yours or your former partner who lived with you before you separated
- business or gambling debts
- the legal costs of separation or divorce
- a debt to buy something you’ve kept - like a loan for your car
- a mortgage or loan secured on a property unless it’s where the child and the parent who’s caring for them live
- debts you’re responsible for under a court order
- you’ve been asked to pay the flat rate of £7 or the nil rate
Practical guidance
Related topics
More in this area
Sources
- Citizens Advice — Challenging what the CMS says you should pay
This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.