How to Appeal a Child Maintenance Decision: Mandatory Reconsideration & First-tier Tribunal (Form SSCS2)
Who this is for. If you have received a Child Maintenance Service (CMS) calculation that is incorrect — whether due to hidden income, erroneous overnight stay calculations, missing pension deductions, or unapplied variation grounds — this guide walks you through the statutory two-stage appeal process in plain English.
1. Stage 1: The Mandatory Reconsideration (30-Day Deadline)
You cannot appeal directly to an independent court or tribunal without first asking the CMS to look at their decision again. This mandatory administrative review is called a Mandatory Reconsideration (MR).
- Strict Time Limit: You must request an MR within 30 calendar days of the date printed on your CMS calculation notice.
- Common Grounds: Inaccurate gross income, ignored pension deductions, disputed overnight care records, or unrecorded dependent children.
2. Statutory Grounds for Variation
If standard formula rules produce an unjust calculation, you can apply for a formal Variation under the 2012 Regulations:
- Unearned Income (Reg 57): Rental profits, dividends, or interest exceeding £2,500/year.
- Diversion of Income (Reg 58): Retaining profits in limited companies or excessive pension contributions to artificially deflate PAYE.
- Special Expenses - Contact Travel (Reg 63): Travel expenses exceeding £10/week to maintain contact with your child.
3. Stage 2: Appealing to the Independent First-tier Tribunal (Form SSCS2)
If the CMS maintains the flawed calculation, they issue a Mandatory Reconsideration Notice (MRN). You have one calendar month to lodge an appeal with the independent First-tier Tribunal (Social Entitlement Chamber).
- Completely Independent: The Tribunal is part of HM Courts & Tribunals Service (HMCTS), not the CMS or DWP.
- No Court Fees: Lodging an appeal on Form SSCS2 is entirely free.
- Enforceable Powers: The Tribunal can order full financial disclosure and substitute a legally binding calculation.
Before lodging an appeal, verify the statutory amounts with our Interactive 2026 CMS Calculator.
Is your child maintenance question part of a family court case? EvidenceCanvas is an online tool for people who represent themselves in the family court. It can help you put dates, messages and documents into a chronology and a draft statement for the family court. It does not deal with Child Maintenance Service assessments, mandatory reconsiderations or tribunal appeals.
It is a paid tool with monthly plans and one-off options, and a limited free plan to try it. Check the current prices on its website before you choose a plan. It is not a law firm, it does not give legal advice and it cannot tell you how your case will turn out. If you can get legal advice or legal aid, consider that first.
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