Thank you for visiting the CMSAS Limited website. Please note, we are NOT the gov.uk Child Maintenance Service (CMS). If you need to contact the CMS, the number for an existing case with the CMS is 0800 171 2345 and for a new case is 0800 988 0988 or you can go to their website here: https://www.gov.uk/child-maintenance-service. CMSAS Limited consultants are specialists in the Statutory Scheme of child support, as administered by the Child Maintenance Service. We would like to make you aware that we are not the gov.uk Child Maintenance Service (CMS). We are a private company that provide a chargeable service of support, guidance and advice to both Receiving and Paying Parents, with Child Maintenance issues, assessments, appeals, tribunals and all Child Maintenance matters pertaining to the CMS (Child Maintenance Service) and/or HMCTS (Her Majesty’s Courts and Tribunals Service), including where difficulties develop with the CMS and/or HMCTS.

Blog:
Child Maintenance Service Mandatory Reconsideration Request: What to expect

Parent happy after submitting Child Maintenance Service Mandatory Reconsideration Request
The Mandatory Reconsideration process is the process to appeal to the Child Maintenance Service with regard to decisions.

Typically, an appeal has to be made within the Child Maintenance Service (CMS). This is managed through the process of raising a Mandatory Reconsideration, essentially, an appeal known as a Child Maintenance Mandatory Reconsideration.

For example, if the paying parent states s/he has more overnights, and therefore should be in Band C rather than Band B, the CMS will correspond with the receiving parent to see if they agree, and typically, if they do not, they will reject the application to change bands. (There is typically more to a change like this, but for the purposes of an illustration, this is a good example)

When the decision is rejected, the paying parent can appeal, or if accepted, the receiving parent may choose to appeal. This is known as a Mandatory Reconsideration and you must start this process within 28 days (or be able to provide a strong and valid reason as to why you were unable to do so within the 28 day period and even so, this may not be accepted). Either parent will need to provide evidence to support why the appeal should be accepted or rejected.

Once the CMS has considered the Mandatory Reconsideration, they will either accept or reject the appeal. If they accept, and the receiving parent disagrees, or they reject, and the paying parent disagrees, the process for recourse is to apply to the court for a First Tier Tribunal.

A First Tier Tribunal would require submission of an SSCS2 form which can be downloaded here.

The First Tier Tribunal process is detailed here.

Need help submitting a Child Maintenance Mandatory Reconsideration?

Contact us now and our experts will assist you in your appeal process. Purchase an initial consultation below to get started.

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