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Are you unsure how child maintenance works in the UK, especially under the DWP CMS GB 2012 scheme? Understanding how financial responsibilities are managed between separated or divorced parents can seem overwhelming.
With rules, calculations, and enforcement actions in place, knowing where you stand is essential. The DWP CMS GB 2012 scheme was introduced to replace outdated child support systems and ensure that children get the financial support they are entitled to.
Whether you’re a paying or receiving parent, understanding the structure of this scheme can help you make more informed decisions. From how the system works to how payments are calculated and enforced, this blog will guide you through every aspect. If you’ve ever wondered how the system operates or how to get started, you’ll find the key facts here.
What is the DWP CMS GB 2012 Scheme?
The DWP CMS GB 2012 scheme was introduced to simplify and improve the UK’s child maintenance system. It replaced the older Child Support Agency schemes from 1993 and 2003, which had faced criticism for inefficiency and delays.
This 2012 scheme is managed by the Child Maintenance Service (CMS), operating under the Department for Work and Pensions (DWP). Its purpose is to ensure that non-resident parents make fair and consistent financial contributions towards their children’s upbringing.
Unlike previous models, the 2012 scheme places a stronger emphasis on compliance, accuracy, and enforcement. It uses HMRC income data and digital tools to streamline assessments and communication.
The CMS administers both new applications and outstanding arrears from older schemes, allowing families to transition smoothly. It encourages private arrangements but steps in when cooperation between parents isn’t possible. Ultimately, the scheme plays a crucial role in supporting children’s welfare by holding both parents accountable.
How Does the CMS Work in the UK?
The CMS encourages you to first explore private arrangements with the other parent. If this isn’t possible, you can apply for statutory services. Before applying, it’s mandatory to contact the Child Maintenance Options service, which offers impartial advice.
Once you apply, you can choose between two service types:
- Direct Pay: The CMS calculates the maintenance amount based on income, but you and the other parent manage payments directly. This service doesn’t include any additional fees.
- Collect and Pay: If private arrangements break down or there is a history of missed payments, CMS collects the payments from the paying parent and passes them on to the receiving parent. This service incurs charges.
The choice depends on whether parents can cooperate. CMS promotes Direct Pay for its simplicity and lower cost. For situations involving conflict or repeated non-payment, Collect and Pay provides more structure and security.
Who Pays and Who Receives Maintenance?
In the CMS 2012 scheme, you may be classified either as a paying parent or a receiving parent, depending on the custody arrangement. The paying parent is the one who does not have primary day-to-day care of the child.
The receiving parent is the one who cares for the child most of the time. The CMS assesses and ensures that the paying parent contributes financially according to their income and responsibilities.
Here’s how it typically works:
- If you’re the parent your child lives with most of the time, you are entitled to receive child maintenance.
- If you’re the non-resident parent, you’re required to pay a set amount depending on your income.
Before turning to CMS, both parents are encouraged to come to a private agreement. If that fails or if one parent refuses to contribute, CMS steps in with statutory calculations and enforcement powers to guarantee fair payments.
How Are Child Maintenance Payments Calculated?
The CMS calculates maintenance based on the gross weekly income of the paying parent, using verified income data from HM Revenue and Customs (HMRC).
Other key factors considered include the number of children involved, how often the child stays overnight with the paying parent, and whether the paying parent is financially responsible for other children in their household.
Shared care arrangements can reduce the amount payable. The CMS categorises income levels into five bands, ensuring payments are proportionate. Assessments are typically reviewed once a year.
However, if your circumstances change significantly, such as a change in income or the child’s living arrangements, you can request a reassessment.
Accuracy has improved significantly under the 2012 scheme, with CMS automating much of the process to avoid delays and errors. This ensures that both paying and receiving parents are treated fairly and consistently.
What are the CMS Fees and Charges?
The CMS charges fees to cover administrative costs and to encourage private agreements. When you apply for the statutory scheme, you’ll need to pay a £20 application fee unless you qualify for an exemption, such as in cases of domestic abuse.
If you choose the Collect and Pay service, both the paying and receiving parents incur ongoing charges. These are deducted automatically and are designed to cover the cost of CMS managing the payment process. The Direct Pay service, on the other hand, is free to use after the initial calculation.
Here’s a summary of fees:
| Service/Action | Who Pays | Fee Amount |
| Application Fee | Applicant | £20 (waived in some cases) |
| Collect and Pay – Surcharge | Paying Parent (PP) | 20% added to maintenance |
| Collect and Pay – Deduction | Receiving Parent (RP) | 4% deducted from payment |
These charges provide incentives for both parents to manage their responsibilities privately when possible.
What if the Paying Parent Doesn’t Pay?
If the paying parent misses payments under Direct Pay, the receiving parent can report this to CMS. The CMS will then consider switching the case to Collect and Pay, enabling enforcement actions.
The CMS can intervene through several means:
- Issue reminders and request voluntary compliance.
- Switch to Collect and Pay if non-payment persists.
- Apply enforcement measures such as deductions from earnings or bank accounts.
- Take court action where necessary.
The CMS has legal powers to act swiftly if a paying parent avoids their responsibility. If you’re the receiving parent and you notice any irregularities, it’s important to notify CMS immediately.
The service is committed to ensuring that children receive the financial support they’re entitled to, even when cooperation breaks down. Non-payment doesn’t go unnoticed or unresolved under the 2012 scheme.
What Enforcement Powers Does the CMS Have?
When voluntary compliance fails, CMS can enforce payment through both administrative and legal powers. Administrative enforcement doesn’t require a court order, allowing CMS to act more quickly.
Administrative tools include:
- Deduction from earnings through the employer.
- Bank account deductions, either regular or lump-sum.
- Benefit deductions if the paying parent is on qualifying benefits.
If administrative actions fail, CMS can escalate to legal measures:
- Liability orders from the court to recover debts.
- Bailiff intervention to seize assets.
- Charging orders on property.
- Passport or driving licence suspension.
- Imprisonment in extreme cases of willful non-payment.
The Financial Investigations Unit (FIU) supports complex cases by uncovering hidden income and investigating fraudulent avoidance. These robust powers show how seriously child maintenance compliance is treated.
What Happened to Old CSA Cases and Arrears?
The previous child maintenance systems under the 1993 and 2003 CSA schemes were phased out by the end of 2018. Parents were encouraged to apply to the CMS 2012 scheme or make private arrangements.
Any remaining arrears from CSA cases were evaluated for collection based on government consultation criteria. Some were written off, while others were transferred into the CMS 2012 system for potential collection.
However, these historic arrears are tracked separately for transparency and auditing purposes. By centralising management under the CMS 2012 scheme, the DWP has aimed to streamline processes and focus more effectively on ongoing obligations.
This transition has helped reduce complexity, improve compliance, and concentrate efforts on the most collectable debts.
How Did the CMS Adapt During COVID-19?
The COVID-19 pandemic forced CMS to adjust its operations while continuing to support families. To respond to rising Universal Credit claims, many CMS staff were temporarily redeployed.
During this period, CMS operated under a “minimum service model” and implemented several key changes:
- Moved all applications online only.
- Accepted verbal confirmations for changes.
- Paused enforcement actions to ease pressure.
- Temporarily halted closure of CSA arrears cases.
- Reduced income reassessment timeframe from 12 to 2 weeks.
- Allowed employers leniency if unable to process deductions.
- Encouraged use of online portals for change reporting.
By July 2020, core services resumed, and enforcement actions were reinstated. These changes helped CMS remain effective while prioritising essential functions during a national crisis.
How Effective Is the CMS Scheme in the UK?
The CMS GB 2012 scheme has demonstrated measurable improvements in compliance and effectiveness. As of March 2021, there were 548,000 active cases, showing a 6% increase from the previous year.
Notably:
- 263,300 cases were under Collect and Pay.
- 498,700 were managed via Direct Pay.
- 72% of Collect and Pay case groups were fully compliant.
Enforcement-related collections returned to pre-pandemic levels by January 2021. The CMS also reported an annual collection of £972.7 million, reflecting both voluntary and enforced payments.
Other improvements include:
- Higher assessment accuracy at 99.4%.
- Faster processing due to automation.
- Increased trust through digital channels.
These numbers show that the CMS is not only recovering arrears but also encouraging long-term cooperation and compliance among separated parents.
What is the Future of the DWP CMS GB 2012 Scheme?
The DWP has launched a Transformation Programme to modernise the CMS. Lessons from the pandemic have shaped the service’s vision to become more digital, accessible, and efficient. The focus is on user-friendly services and real-time updates.
Future enhancements include:
- Improved digital platforms like My Child Maintenance Case.
- More self-service functions for change reporting and payments.
- Instant alerts via SMS and secure email.
- Greater automation for speed and accuracy.
The CMS is committed to becoming a more responsive system that balances enforcement with support. This approach ensures that the needs of children remain central while simplifying processes for both parents.
Conclusion
If you’re navigating child maintenance responsibilities in the UK, the DWP CMS GB 2012 scheme offers a structured, fair, and enforceable system. By encouraging cooperation and stepping in when needed, the CMS ensures children receive the financial support they deserve.
With advanced tools, accurate assessments, and strong enforcement, the scheme addresses the needs of modern families. Whether you’re applying for the first time, switching from a previous system, or dealing with non-payment, the CMS can guide and support you.
Staying informed will empower you to make the right decisions and meet your obligations. As the CMS evolves, it continues to provide a vital service for families across the UK.
FAQs
What is the main purpose of the DWP CMS GB 2012 scheme?
The scheme ensures that non-resident parents provide financial support for their children. It replaced older child support systems for better efficiency.
Can I apply to the CMS without trying a private arrangement first?
No, you must first contact Child Maintenance Options before applying. They’ll advise you on private arrangements before using the statutory service.
What is the difference between Direct Pay and Collect and Pay?
Direct Pay involves parents managing payments after CMS calculates them. Collect and Pay adds fees but offers enforced collection if needed.
How is maintenance calculated if the paying parent is self-employed?
CMS uses HMRC records to estimate income. If income is unclear, they may involve the Financial Investigations Unit for further assessment.
Is there any fee waiver when applying for CMS?
Yes, the £20 fee is waived in certain cases like domestic abuse. You must provide appropriate evidence to qualify for the exemption.
How often are CMS payments reviewed?
They are reviewed annually by default. You can also request a review if your income or circumstances change significantly.
Can CMS enforce payments without a court order?
Yes, administrative actions like wage or benefit deductions do not require court orders. Legal actions, however, do need court involvement.
