At a glance
| What it is | A request for a different CMS decision maker to look at a decision again |
| Time limit | One month from the date on the decision letter |
| How | Phone, online account, or in writing (best: phone and then confirm in writing) |
| Cost | Free |
| What you get | A mandatory reconsideration notice. You need it to appeal. |
Why it matters
You cannot appeal to the tribunal until the CMS has reconsidered its decision. The reconsideration is also a real chance to get the decision fixed without a hearing, especially where the mistake is factual, such as the wrong income figure or the wrong number of nights.
The decision can go either way
A reconsideration looks at the whole decision again. It can go up as well as down. If the other parent asks for a reconsideration, the result might help or hurt you, so it is worth sending your own evidence even when you did not ask for it.
How to ask
- Find the date on the decision letter. Your one month runs from that date. Check it with the deadline calculator.
- Ask early. Phone the CMS and say clearly: “I am asking for a mandatory reconsideration of the decision dated…”. Note the date, time and name of the adviser.
- Confirm in writing the same day. Use your online account or a letter. The letter builder has a ready-made request.
- Set out what is wrong and what the right answer is. Be specific: “The calculation uses 52 nights a year. The correct figure is 110, because…”
- Send your evidence. If it is not ready, say what you are sending and when. Do not let missing evidence make you miss the deadline.
- Keep proof. Screenshots of online messages, proof of postage for letters.
What to put in your request
A good request is short and organised. Use headings:
- The decision. Its date and what it decided.
- What is wrong. Each point in a numbered paragraph.
- What the decision should be. The figure or outcome you say is right.
- Evidence. A numbered list of what you are enclosing.
- Anything else. For example, if you are also reporting a change of circumstances, say so separately.
Write for someone who knows nothing about your family
The decision maker reading it will have a large caseload and no time to dig. Lead with the conclusion, back it with evidence, and avoid history that does not affect the decision. Feelings about the other parent, however justified, rarely help.
Late requests
If you have missed the one month deadline, you can still ask. The CMS can accept a late request if there are special circumstances that meant you could not ask in time, and you ask within 13 months of the decision. Explain the reasons clearly and briefly.
When the answer comes
You will get a mandatory reconsideration notice. It will either:
- change the decision (revise it), in which case check the new calculation carefully, or
- not change it, explaining why.
Either way, the notice is the decision you appeal against. Keep it safe: you need a copy for the SSCS2 form.
One month to appeal
You have one month from the date on the mandatory reconsideration notice to get your appeal to HM Courts and Tribunals Service. See appealing to the tribunal.
Common questions
How long does a reconsideration take?
It varies. There is no fixed time limit. If you have heard nothing after several weeks, ask for an update in writing and keep a record.
Can I appeal before I get the notice?
No. The tribunal will return an appeal that does not include a mandatory reconsideration notice.
The notice addresses points I never made and ignores my main point. What can I do?
Appeal. The tribunal looks at the decision afresh, so you can make all your points there. Note the gaps in your appeal reasons.
Should I keep paying while I challenge it?
Yes. Arrears build up while you challenge a decision. If the decision is changed later, overpayments are usually adjusted against future payments.
Sources and law
- Child Support Act 1991, sections 16 and 20
- Social Security and Child Support (Decisions and Appeals) Regulations 1999 (revision and mandatory reconsideration)
- GOV.UK: Child Maintenance Service
