2023/12/07

Claiming Travel Expenses Against Child Maintenance Payments

How is mileage calculated for child maintenance?




Can you claim travel expenses through the Child Maintenance Service?  Yes you can.  Claiming travel expenses for mileage can be done via the portal.  However you can only claim travel costs if you are a paying parent and have an open Child Maintenance Service case.

How Does It Work?


The Child Maintenance Service gives paying parents a discount off the maintenance payable, in order to take into account expenses for travel, such as train tickkets, and mileage costs for fuel.  

To claim, you need to ask for a special expenses variation.  The minimum claim is £10 per week.  So you will not be able to claim for a few miles.

Unlike travel expenses for work, you dont actually receive the money.  It is simply discounted off of your gross income, meaning that you pay slightly less child maintenance to the receiving parent.  The mileage cost per mile is significantly lower than the mileage that HMRC allow you to claim.  

So someone with a gross income of £200 per week, eligible for £10 per week travel, would see their gross income reduced to £190 per week, with calculations for maintenance assessed on the slightly smaller amount of £190.

The cost of the journey it is calculated using the HMRC advisory fuel rates which are not very generous.  They certainly dont cover the cost of running a car per mile.  The HMRC advisory rate used in the CMS calculation does change, in line with average prices on the petrol forecourts.  Rates can go up and down, and are recalculated every 3 months.  All the quarterley rates are shown in the tables at the end of the page.  

Example Calculation

Someone travels 100 miles per week and drives a 1400cc petrol car.

The rate for this calculation is 14p per mile.  

14p x 134 miles = £18.76.  So above the threeshold for a weekly claim.

They have 2 children, so CMS is 16% of income.

Assuming they do 52 journeys per year, annual mileage claim is 7000 miles.

7000 miles x 14p = £980 of travel.

That £980 is deducted from their income for the year.  In this case they earn £30,000 per year.

So a £980 deduction is applied to their salary.  So now their salary starts off as £29,020.

So originally on 30K their CMS at 16% was £400 per month.

So now on £29,020, their CMS of 16% is now £386.93 per month.

A saving of £13.06 per month or £3.00 per week.


How Do You Claim Travel Expenses


You claim for travel using the CMS portal.  You will need to be registered to use the portal.  Currently its not possible to register online, so you will need to call the CMS to set up your login details.  Be warned, CMS telephone lines warn that it could take an hour to get through.

Latest Rates



Rates Effective from 1 Dec 2023.

Fully electric cars are paid at a rate of 9p per mile.  Hybrids are paid based on the fuel  ie unleaded

Engine sizePetrol — rate per mileLPG — rate per mile
1400cc or less14 pence10 pence
1401cc to 2000cc16 pence12 pence
Over 2000cc26 pence18 pence

Engine sizeDiesel — rate per mile   
1600cc or less13 pence
1601cc to 2000cc15 pence
Over 2000cc20 pence

Previous Rate Effective from September 1st 2023 until 30 November 2023

Engine size Petrol — rate per mile LPG — rate per mile
1400cc or less 13 pence 10 pence
1401cc to 2000cc 16 pence 12 pence
Over 2000cc 25 pence 19 pence
Engine size Diesel — rate per mile
1600cc or less 12 pence
1601cc to 2000cc 14 pence
Over 2000cc 19 pence

From 1 June 2023 to 31 August 2023
HMRC Advisory Rates Were:

Engine size Petrol — rate per mile LPG — rate per mile
1400cc or less 13 pence 10 pence
1401cc to 2000cc 15 pence 12 pence
Over 2000cc 23 pence 18 pence
Engine size Diesel — rate per mile
1600cc or less 12 pence
1601cc to 2000cc 14 pence
Over 2000cc 18 pence

From 1 March 2023 to 31 May 2023

HMRC Advisory Rates Were:

Engine size Petrol — rate per mile LPG — rate per mile
1400cc or less 13 pence 10 pence
1401cc to 2000cc 15 pence 11 pence
Over 2000cc 23 pence 17 pence
Engine size Diesel — rate per mile
1600cc or less 13 pence
1601cc to 2000cc 15 pence
Over 2000cc 20 pence

From 1 December 2022 to 28 February 2023

HMRC Advisory Rates Were:

Engine size Petrol — rate per mile LPG — rate per mile
1400cc or less 14 pence 10 pence
1401cc to 2000cc 17 pence 12 pence
Over 2000cc 26 pence 18 pence
Engine size Diesel — rate per mile
1600cc or less 14 pence
1601cc to 2000cc 17 pence
Over 2000cc 22 pence



Previous Rates from one year ago in 1 Sep 22

As of 1st Sep 2022 the rates are shown in the table below.

Petrol

Engine size (cc) Mean MPG Fuel price (per litre) Fuel price (per gallon) Rate per mile Advisory fuel rate
Up to 1400 51.9 174.2 pence 791.9 pence 15.3 pence 15 pence
1401 to 2000 44.1 174.2 pence 791.9 pence 18.0 pence 18 pence
Over 2000 28.8 174.2 pence 791.9 pence 27.5 pence 27 pence

Diesel

Engine size (cc) Mean MPG Fuel price (per litre) Fuel price (per gallon) Rate per mile Advisory fuel rate
Up to 1600 60.7 185.2 pence 841.8 pence 13.9 pence 14 pence
1601 to 2000 49.8 185.2 pence 841.8 pence 16.9 pence 17 pence
Over 2000 38.8 185.2 pence 841.8 pence 21.7 pence 22 pence

LPG

Engine size (cc) Mean MPG Fuel price (per litre) Fuel price (per gallon) Rate per mile Advisory fuel rate
Up to 1400 41.5 83.7 pence 380.5 pence 9.2 pence 9 pence
1401 to 2000 35.3 83.7 pence 380.5 pence 10.8 pence 11 pence
Over 2000 23.0 83.7 pence 380.5 pence 16.5 pence 17 pence

Electric Cars

The advisory electricity rate for fully electric cars is currently 9 pence per mile.  Hybrid rates are based on the non electric fuel used.

Source .gov.uk website.

Mileage allowances are not paid to receiving parents.  Paying parents wishing to claim need to make it clear that they want to claim the discount.  It wont simply be offered or applied automatically.




Child Support When Moving Abroad

Child Support and Moving Overseas

Its a common question.  "Do I have to pay child maintenance if I move abroad?  


Heres the answer for some:

The Child Maintenance Service will not reduce the child maintenance you pay if:

  1.     You move overseas for less than 12 weeks.
  2.     You are serving in HM Armed Forces or employed by the UK Government.
  3.     You are paid in the UK, for working overseas, but regularly return to a UK primary address.


And for the rest of you, continue reading!

Changing Your Address

Just changing your address with the Child Maintenance Service will not mean you will no longer have to pay, nor will it automatically close a CMS case.  If you leave the country without speaking to the Child Maintenance Service, the child support assessment will continue, and the CMS may even take action to enforce the collection of child maintenance.

The Child Maintenance Service, will not accept your statement that you are overseas unless you can evidence the fact.  The CMS will have to assess if you are habitually resident in the UK, and to do this they will have to consider:


    a.    Your length and continuity of residence in the UK.

    b.    The length and purpose of any absence from the UK.

    c.    Your reasons for leaving the UK.

    d.    Your future intentions.

    e.    The nature of your work

    f.    Where your centre of interest lies, and

    g.    Whether you have a substantial connection with a place.

So what does this mean.  Well if you cut all ties and leave the UK with your family, and have no intent to come back, your maintenance will stop.  If you are working for a few months, returning home to see partner and children frequently, it wont stop.


How Can I Prove I Am Moving Overseas

    a.    Deregister as a UK tax payer via HMRC

    b.    Stop payment of any DWP benefits 

    c.    Remove any lines of credit.  In other words, pay off overdrafts, loans and credit card debt.

    d.    End your tenancy or sale your home.  If you are going to rent it, you will need to complete the HMRC forms for persons renting property but living overseas.

    e.    Provide evidence of an overseas residency permit

    f.    Provide evidence that you are living abroad, such as a tenancy agreement

The REMO Reciprocating Countries List

Reciprocal Enforcement of Maintenance Orders (Known as REMO), is a process where maintenance can still be claimed from you, via an overseas court.  This is not a CMS process, but is mentioned as living in a REMO country can still lead to a court application for child support.  It is not administered by the Child Maintenance Service.

The following countries are subject to REMO


Country Country Country
  • ALBANIA
  • CYPRUS
  • MONTSERRAT
  • ALGERIA
  • CZECH REPUBLIC
  • MOROCCO
  • ANGUILLA
  • DENMARK
  • NAURU
  • ANTIGUA
  • DOMINICA
  • NETHERLANDS
  • AUSTRIA
  • ECUADOR
  • NEW ZEALAND (Will trace)
  • AUSTRALIA (Will trace if the Territory is known)
  • ESTONIA
  • NIGER
  • AUSTRALIAN CAPITAL TERRITORY
  • ESWATINI (FORMRLY SWAZILAND)
  • NIGERIA
  • COCOS (KEELING) ISLANDS
  • FALKLAND ISLANDS & DEPENDENCIES
  • NICARAGUA
  • NEW SOUTH WALES
  • FIJI
  • NORFOLK ISLAND
  • NORTHERN TERRITORY
  • FINLAND
  • NORWAY
  • QUEENSLAND
  • FRANCE
  • PAKISTAN
  • SOUTH AUSTRALIA
  • GAMBIA
  • PAPUA NEW GUINEA
  • TASMANIA
  • GERMANY
  • PHILIPPINES
  • TERRITORY OF CHRISTMAS ISLAND
  • GHANA
  • POLAND
  • VICTORIA
  • GIBRALTAR
  • PORTUGAL
  • WESTERN AUSTRALIA
  • GREECE
  • ROMANIA
  • BAHAMAS
  • GRENADA
  • ST CHRISTOPHER (KITTS) AND NEVIS
  • BARBADOS
  • GUATEMALA
  • ST HELENA
  • BELIZE
  • GUERNSEY
  • ST LUCIA
  • BELARUS
  • GUYANA
  • ST VINCENT
  • BELGIUM
  • HAITI
  • SERBIA
  • BERMUDA
  • HOLY SEE
  • SEYCHELLES
  • BOSNIA AND HERZEGOVINA
  • HONDURAS
  • SIERRA LEONE
  • BOTSWANA HONG KONG SINGAPORE
    • BRAZIL
    • HUNGARY
    • SLOVAKIA
    • BRITISH SOLOMON ISLANDS
    • INDIA
    • SLOVENIA
    • BRUNEI
    • IRELAND – The Republic of
    • SOUTH AFRICA
    • BULGARIA
    • ISLE OF MAN
    • SPAIN (includes the Canary Islands)
    • BURKINA FASO
    • ISRAEL
    • SRI LANKA
    • CANADA (Will trace if the province is known)
    • ITALY
    • SURINAM
    • ALBERTA
    • JAMAICA
    • SWEDEN
    • BRITISH COLUMBIA
    • JERSEY
    • SWITZERLAND
    • MANITOBA
    • KAZAKHSTAN
    • TANZANIA (Except Zanzibar)
    • NEW BRUNSWICK
    • KENYA
    • TRINIDAD AND TOBAGO
    • NEWFOUNDLAND AND LABRADOR
    • KIRIBATI
    • TUNISIA
    • NORTHWEST TERRITORIES
    • LATVIA
    • TURKEY
    • NOVA SCOTIA
    • LESOTHO
    • TURKS AND CAICOS ISLANDS
    • NUNAVUT
    • LITHUANIA
    • TUVALU
    • ONTARIO
    • LUXEMBOURG
    • UGANDA
    • PRINCE EDWARD ISLAND
    • NORTH MACEDONIA
    • UKRAINE
    • SASKATCHEWAN
    • MALAWI
    • UNITED STATES
    • YUKON TERRITORY
    • MALAYSIA
    • URUGUAY
    • CAPE VERDE
    • MALTA
    • VIRGIN ISLANDS
    • CAYMAN ISLANDS
    • MAURITIUS
  • ZAMBIA



2023/09/28

Tax and the Child Maintenance Service

Income Tax and The Child Maintenance Service


Understanding Child Maintenance and Income: A Comprehensive Guide

Introduction Today, we're going to delve into an important topic: income, specifically taxable income and how it relates to child maintenance. Child maintenance is a critical aspect of ensuring that children receive the financial support they need, particularly when parents are no longer together. In this blog post, we'll explore how income, specifically taxable income, plays a central role in child maintenance calculations and shed light on some essential considerations.

The Transition to the 2012 Child Maintenance Scheme

Child maintenance in the United Kingdom underwent a significant change in 2012 with the introduction of the Child Maintenance Service (CMS). Before this change, the old Child Support Agency existed, and child maintenance calculations were based on deductions from the parent's income. In contrast, the 2012 scheme shifted the focus to using HMRC taxable income. This change was primarily aimed at simplifying the calculation process. Why HMRC Taxable Income? The CMS relies on HMRC (Her Majesty's Revenue and Customs) taxable income because it offers a straightforward way to determine a parent's income for child maintenance purposes. HMRC receives income information from various sources, making it a comprehensive and reliable reference. Here's how it works: For Employed Individuals: If you have a job and receive a regular paycheck through payroll, your tax information is automatically reported to HMRC by your employer. The CMS can easily access this data to determine your annual taxable income. For Self-Employed Individuals: If you're self-employed and file self-assessment tax returns, HMRC receives your income information through this process. This includes details of your earnings and expenses. Special Cases: There are exceptions, such as income from dividends, which HMRC may not initially provide to CMS due to specific tax regulations. However, the receiving parent can request that these dividends be taken into account, provided they can justify the request. Understanding Taxable Income It's important to note that your taxable income reported to HMRC includes various components: Job-Related Income: This is the income you earn from your regular job, and it is reported by your employer on your P60 form. Self-Employment Income: If you're self-employed, your income from self-assessment tax returns is included. Interest Earned: Interest earned from bank accounts and savings is also part of your taxable income. Exemptions and Unreported Income Here's an interesting aspect: CMS calculations are based on gross taxable income. This means that any income that is not taxed at the source and not reported to HMRC will not be factored into the calculation. Common examples of such income include: Rental Income from a Room in Your Home: HMRC allows individuals to earn up to £7,500 per year tax-free from renting a room in their home. This income doesn't need to be reported to HMRC, and therefore, it won't affect your CMS calculation. Other Non-Taxed Income: Various sources of income, like lending money to a friend and receiving interest or certain investments, may be exempt from income tax and therefore not reported to HMRC. Rental Income from Private Properties: If you're a landlord, you're required to declare rental income to HMRC, and it will be included in your taxable income. The Role of the P60 You may wonder if your CMS calculation is solely based on your P60, which is an end-of-year tax document provided by your employer. While the P60 does contribute to your CMS calculation, it's not the only factor considered. CMS takes into account all taxable income sources, not just job-related income. The Importance of the Most Recent Tax Year The tax year and its timing can sometimes lead to confusion. For example, if you're self-employed and your tax return is due in January, your most recent available tax year for CMS purposes will be the one before the current tax year. It's essential to clarify which tax year CMS is using for your calculation. Conclusion In summary, understanding how income relates to child maintenance is crucial for both paying and receiving parents. The CMS relies on HMRC taxable income to determine child maintenance obligations, and this includes various income sources. Knowing which income is exempt from taxation and unreported to HMRC can impact your child maintenance calculation. Additionally, keep in mind that your CMS calculation considers all taxable income sources, not just your P60. If you found this information helpful, please consider liking and subscribing to stay updated with future posts. If you have any questions or specific topics you'd like us to cover in more detail, feel free to leave a comment. For more comprehensive information and discussions related to child maintenance, consider joining our Facebook group, where you can connect with others facing similar situations. Thank you for taking the time to read this post. We wish you all the best in your child maintenance journey. Have a great day! Buy me a coffee please! Please support via Paypal Facebook: https://www.facebook.com/groups/197227785636347 Blogspot: https://childmaintenancehelp.blogspot.com/ Amazon: https://amzn.to/3EyVAue

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