Dad with no income
Hi - my brother has an arrangement with his ex-partner to pay maintenance for his two children - 18 and 16 (both in FTE). He has developed cognitive issues, is no longer able to work and has no income (we are claiming benefits for him but this is taking a long time). What are the rules about continuing this payment? I could do with some help for him as he can no longer read and write and his savings are almost gone.
if his ex goes to the Child Maintenance service (assuming he has private arrangement), then they would check his tax records with HMRC. if his income is Zero, then they would put him on nil assessment, which means he does not pay any maintenance. if they see any income records for say 2019/20 or 20/21 tax years, then they would create a payment plan for him based on that income. but it would be important to get his benefits in place, then send that to CMS as evidence.
I would stop any further payments and explain to the ex why. Get his benefits sorted and then pay £20 to open a claim with the CMS (so in control of the claim), notify CMS that he is on benefits, they will check with the DWP and assess him accordingly. If on Universal credit, then payment will be around £30 per month.
Hope this helps, all the best.