2024/11/25

Illness or Disability Claims for a Relevant Other Child

Understanding Illness or Disability Claims for a Relevant Other Child (ROC): A Comprehensive Guide

When it comes to child maintenance calculations, the care of a Relevant Other Child (ROC) with an illness or disability can lead to adjustments known as ROC variations. These variations consider the additional expenses associated with long-term illness or disability. Here’s a detailed guide to help parents navigate this process, ensuring they claim the support they’re entitled to.

What Is a Relevant Other Child (ROC) Variation?

A ROC variation allows parents to factor in specific costs related to the care of a child with an illness or disability. These claims can only be made if the illness or disability is considered long-term, which we’ll define next.

Key Definitions: Illness and Disability

Long-Term Illness

A child’s illness qualifies as long-term if:

It is expected to last at least 12 months, or
It is likely to persist for the rest of the child’s life (if shorter than 12 months).

Disability

A child is considered disabled if any of the following apply:

They receive the daily living component of Personal Independence Payment (PIP), Disability Living Allowance (DLA), Armed Forces Independence Payments (AFIP), or similar benefits.
They are eligible for such benefits but payments are paused due to hospitalization.
They are registered blind, or recently recovered from blindness (within the last 28 days).

Important note: The mobility component of PIP or DLA does not count for variation purposes.

Permitted Expenses

Certain costs incurred due to the child’s condition are classified as permitted expenses. These include:

Personal care and communication needs.
Mobility aids and domestic help.
Specialized medical equipment not provided by the NHS.
Home adaptations.
Heating, clothing, or laundry expenses related to the child’s care.
Special diets recommended by a medical professional.
Daycare, rehabilitation, and respite care.

Note: If a service or equipment can be provided by the NHS, the claim may not be approved unless delays in provision risk harming the child’s health.

Financial Assistance: What You Need to Know

If the Non-Resident Parent (NRP) or their household receives financial assistance for the child’s condition, this may reduce the amount of the claim. Sources of financial assistance include:

Grants or charitable funding.
Benefits such as DLA, PIP, or AFIP.

However, there are important caveats:

Only assistance related to the specific claim expense (e.g., personal care) will be deducted.
Payments received by someone outside the NRP’s household will not affect the claim.

Confidentiality and Exclusions

When processing a claim, certain information will remain confidential:

Medical evidence that could harm a party’s health if disclosed.
Personal information, such as addresses, that could reveal the location of a child or party.
Details of the child’s illness or disability, if confidentiality has been requested and it does not impact the claim's outcome.

Financial Thresholds

The good news is that there are no financial thresholds for ROC variations related to illness or disability. This means each case is assessed on its own merits, focusing on the expenses and needs of the child.

Final Thoughts

Navigating the process of claiming for a Relevant Other Child with an illness or disability can be complex, but understanding the rules and criteria can make it much easier. Ensure you keep detailed records of expenses and seek advice if needed to maximize your claim.

If you found this guide helpful, feel free to share it with others who might benefit.

Keywords:

Child maintenance
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Disability claims
Long-term illness
Relevant Other Child expenses

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#ChildMaintenance #DisabilitySupport #ParentingGuide #ROCVariation #FamilyFinance

Suggested Search Terms:

How to claim child maintenance for a disabled child
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2024/11/08

Child Maintenance Top Tips.

Here is a list of top tips that will help to avoid problems with CMS.

1. The CMS priority is to get money from the paying parent to the receiving parent irrespective of any ongoing appeals or challenges. Their role is not to mediate.

2. A case worker is trained to follow the legislation, not common sense.

3. The person who answers the phone when you ring in, is not normally a qualified caseworker. They are triage staff, whos job it is, is to signpost and filter calls. They may be giving unqualified advice. Until you have a document that says dont pay, you pay.
This assumes they answer the phone.

4. The only time you pay or not pay, is as per the latest schedule. If the schedule says no payments due until x, you do not pay until x date. Only pay on the dates they tell you to. Dont start second guessing.

5. Two figures on a CMS letter are indicative for legal reasons, and not what you pay. These are the weekly amount figure which is a legal requirement, and also the arrears figure. The only figure to pay is the scheduled figure.

6. Arrears are never paid seperately. You only pay the schedule.

7. Never pay early (it may be considered a gift or confused as a late payment). Never pay late, as you will be put on a DEO. Never pay less, as CMS regard a payment to be fully missed even if you under pay by a £1, and never pay over, as thats a gift and it could also be confused as a gift for the full amount.

8. If you question paternity, do the CMS DNA test as quickly as possible. CMS wont refund you for years of payments, only from when you requested a test.

9. Putting in changes, adjustments, DNA requests etc dont change things. You still have to pay in most cases as per the schedule, until the charges are accepted or DNA is negative.

10. If parties have a court order that is extant. If however both parties say different than CMS will change shared care. So if receiving parent says I have the children more, and paying parent says, the paying parent wont let me see the kids, then that will evidence that the court order has changed.

11. There are arrears for non payment, but also CMS is paid in arrears. Some arrears can be settled by a payment plan. Every paying parent needs to be 4-8 weeks in arrears to stop them over paying when a case is closed, but the CMS take time to tell.

12. If you have overpaid, and the case is closed, you will face a battle to get the money back from the CMS, but they do have procedures. Their first step is to tell you to claim from the other parent, but they can also collect for you even on direct pay cases.

13. No one is interested in the back story. Abuse / withholding contact etc. CMS is based on evidence.

14. The actual determind position is normally determined by HMRC or DWP records. For example, a child is in education as long as child benefit is being paid. A paying parent is on benefits if Universal Credit is in payment (exclude top ups). So its neccessary to report fraud to government departments such as DWP or CMS, so their records are updated. This in turn updates CMS. CMS do not know if your child is actually in education, where and what course they are doing. They rely solely on child benefit records.

15. If you commit fraud, you may be prosecuted. Fraud includes paying parents faking DNA test. People claiming not to have been paid.

16. CMS uses certain types of income not all. Inheritance and Capital gains such as selling a house, do not have CMS charged on them. Pay, Bonus, Overtime, Dividends, Directors Loans can all be taxed, and are therefore subject to CMS. 17. Collect and Pay does not guarentee payments. Do not expect CMS to pop money into your bank account on the day they said.

Child Support Advice