Most decisions made by the Child Maintenance Service (CMS) can be appealed through an independent appeal tribunal; the First Tier Tribunal (Social Entitlement Chamber).
Before you are able to appeal, you must first ask the CMS for a revision, asking the CMS to reconsider their decision. This is called a ‘mandatory reconsideration notice’. To ensure you have the right of appeal, you should request a mandatory reconsideration and you should do so within the time limit for a revision.
The CMS can revise a decision on any grounds if:
- a person applies within 30 days of the decision, (or of the date an accidental error in the decision, or in the record of the decision, was corrected); or
- a person applies for a variation within 30 days, provided the grounds for a variation existed from the date of the decision being revised; or
- the CMS initiates the revision within 30 days of the original decision
To apply for a revision on any grounds, you do not have to provide a reason for challenging the decision. It is enough that you think the decision is wrong.
If you appeal without first seeking a mandatory reconsideration, the CMS can treat the appeal as if it were a request for a mandatory reconsideration. If the CMS does not do this, ask for a mandatory reconsideration as soon as possible, explaining why it is late, if necessary.
The CMS issues a letter, outlining its response to your request (a ‘mandatory reconsideration notice’). Two copies are sent – you must send one to the First Tier Tribunal with the appeal.
Please Note: The CMS can correct an accidental error in a decision or in the record of a decision at any time. A mandatory reconsideration of the corrected decision must be requested before an appeal to the First Tier Tribunal can be made.
