CMS calculations

Hi

When the CMS carry out a calculation of maintenance they are also including benefits on my P11D from my company which are actually not cash benefits and part of my income.

So for example the company covers me for private health care up to a certain value but that is not part of my income as such.

I forwarded a copy of my P60 which details my actual take home pay and asked them to base the calculation on that and I asked them to conduct an income and expenditure review - which they have not done.

What is the actual legal requirement here ?

Should the CMS actually use my P60 + P11D benefit or can I appeal and suggest they should only be using the gross income from my P60.

How can I get them to conduct a real income and expenditure review ?

Thanks

L

LoLa2017 wrote:

Hi

When the CMS carry out a calculation of maintenance they are also including benefits on my P11D from my company which are actually not cash benefits and part of my income.

So for example the company covers me for private health care up to a certain value but that is not part of my income as such.

I forwarded a copy of my P60 which details my actual take home pay and asked them to base the calculation on that and I asked them to conduct an income and expenditure review - which they have not done.

What is the actual legal requirement here ?

Should the CMS actually use my P60 + P11D benefit or can I appeal and suggest they should only be using the gross income from my P60.

They are correct in using the figures on your P11D as they are taxable benefits. They have a value and form part of your pay.They are part of your income just not cash.

How can I get them to conduct a real income and expenditure review

Not sure what you mean by this? They carry out a very simple calculation based upon your gross income less pension contributions, the number of children and the number of overnight stays.