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Hi all, I'm new here and could really do with any pertinent advice about how to successfully appeal a failed CMS Mandatory Reconsideration Notice. I have downloaded the SSCS2 form and SSCS1A (the guidance booklet) and have yet to go through them.
My situation is that I work offshore (on a ship) and my salary varies hugely month to month depending on what I actually work and it's not regular. The CMS recently did their yearly review, and for some reaon will not use my Yearly P60, they instead took two pay slips, (where I was working for the whole period, so was way above average) and calculated my annual salary and payments based on that. They have applied this retrospectively back to March 2020 and have applied arrears onto the account also. I've never missed a full payment btw, but this latest one is ruinous...
My question is, does anyone have any tips on this process? Did anyone get legal help? Was it worth it? Cost? Other sources of information or legal advice would be very welcome.
All I really want to achieve is for the CMS to use my yearly P60 salary figure to calculate my payments, this is then fair to my ex and to me and is something we can both budget for.
Thanks in advance,
Dad of three
I thought CMS based it on the figures that are provided to them by HMRC?
Hi Mike, they say they do, but it seems there was a mistake in the P60 figure they used at my annual review (in March), so used an old figure. They then did a re-calculation (I don't know why) in June and used two high payslips from the previous year to re-calculate the whole year. That figure they've used is about 34% above my actual gross this year... Hence my mandatory reconsideration...
Hi
Was the 2 month average 34% higher than the yearly earnings? If so then it makes sense as you would have had to declare the increased earnings at the time as they were greater than 25% of your usual salary. If not then their approach is unusual.
However if those 2 months are now 34% higher than this years salary, then as soon as you have 2 months payslips demonstrating this you should be able to notify them of a reduction in earnings (change in salary greater than 25%) and they would recalculate anyway. If you are on the borderline then consider increasing pension payments to generate a greater than 25% drop for 2 months and trigger a review...
Thanks, for your reply, that cherrypicked 2 month average was 34% above , but then they've applied that backdated to March last year, giving me now thousands in arrears. Which I'm not sure would be removed if I did >25% variance for 2 months now....
So, I don't know what tactic to take really, possibly 1. DO the appeal to hopefully remove the arrears and get a new more realistic assessment and 2. do the review to get it down further.
Would be very interesting to know what are peoples experience of the appeal process?
Hi
Was the 2 month average 34% higher than the yearly earnings? If so then it makes sense as you would have had to declare the increased earnings at the time as they were greater than 25% of your usual salary. If not then their approach is unusual.
However if those 2 months are now 34% higher than this years salary, then as soon as you have 2 months payslips demonstrating this you should be able to notify them of a reduction in earnings (change in salary greater than 25%) and they would recalculate anyway. If you are on the borderline then consider increasing pension payments to generate a greater than 25% drop for 2 months and trigger a review...
Hi @Daddyup, the two month average you state, is that what they use? I can't find any reference to a two months average in the CMS publications....
hi, as far as I know, they should not be cherry-picking your tax records, and should be using your most recent tax return from HMRC. you can try this organisation for help:
- Samaritans – call 116 123
- Shout – text the word ‘Shout’ to 85258
