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Child Maintenance & Disability Rights in the UK

These additions use current DWP, CMS, GOV.UK and Equality Act guidance. Disability does not itself create a special maintenance rate, but disability-related income, benefits, accessibility needs, shared care and qualifying variation expenses can all be relevant.

About this guide

These additions use current DWP, CMS, GOV.UK and Equality Act guidance. Disability does not itself create a special maintenance rate, but disability-related income, benefits, accessibility needs, shared care and qualifying variation expenses can all be relevant.

Important: Disability does not itself remove parental responsibility or automatically change a CMS calculation. However, disability can affect accessibility needs, earnings, benefit status, shared-care arrangements and certain permitted variation expenses. The correct rule depends on the specific facts.
CURRENT OFFICIAL-SOURCE CHECK • AUGUST 2026

Disability, Accessibility & CMS: Current Official Rules

These additions use current DWP, CMS, GOV.UK and Equality Act guidance. Disability does not itself create a special maintenance rate, but disability-related income, benefits, accessibility needs, shared care and qualifying variation expenses can all be relevant.

EQ

Reasonable Adjustments Are a Legal Duty

The Equality Act 2010 requires service providers and public bodies to make reasonable adjustments where a disabled person would otherwise be placed at a substantial disadvantage. The current 2026 services code treats this as an anticipatory duty: barriers should be considered before they prevent equal access.

2026 Equality Act services code
DWP

DWP Accessibility Support Is Broader Than Telephone Access

DWP says it can make adjustments if a disability or health condition makes it difficult to use the phone or internet, read letters, fill in forms, attend appointments, or understand complicated information.

Examples include larger print, Braille, audio, accessible email formats, a quieter appointment, BSL interpreter, hearing loop, support from another person or a home visit where appropriate.

DWP accessibility guidance
CALL

Current CMS Contact: Relay UK and BSL

The current CMS contact page lists 0800 171 2345. For people who cannot hear or speak on the phone, GOV.UK now gives Relay UK: 18001 then 0800 171 2345 and a British Sign Language video relay service.

DWP removed the old textphone information from its accessibility guidance in September 2025, so the historical textphone number retained in the original guide below should not be treated as the current recommended route.

Current CMS contact details
CALC

Disability Does Not Automatically Increase or Reduce Maintenance

CMS normally calculates maintenance from the Paying Parent's taxable gross income, benefit status, pension contributions, relevant other children and shared care. The disability label itself is not a separate calculation factor.

How CMS works out maintenance
BEN

Certain Benefits Can Affect the CMS Rate

CMS checks whether the Paying Parent is receiving certain benefits. Depending on the benefit and other circumstances, the statutory calculation can use the flat or nil rate. This is because of the benefit/income rules, not simply because the parent is disabled.

Current CMS rates
VAR

Disability-Related Child Costs Can Qualify for a Variation

A Paying Parent can ask CMS to consider costs of supporting a child with a disability or long-term illness who lives with the Paying Parent. Unlike most special expenses, GOV.UK says these disability/long-term-illness costs can be less than £10 a week.

Official variation guidance Paying Parent variation guide
25%

If Disability Changes Earnings, Report the Income Change

If a health condition or disability changes the Paying Parent's earnings, the important CMS issue is the actual income change. CMS says relevant changes should be reported promptly and its current rules include a Paying Parent income change of 25% or more or no income.

Report a change
CARE

Shared Care Still Matters

If a disabled parent provides overnight care, the ordinary shared-care rules still apply. CMS can reduce maintenance where the statutory shared-care conditions are met. Disability should not be used as a substitute for evidence about the actual care arrangements.

Shared-care rules
REP

A Representative or Support Person Can Help

DWP accessibility guidance allows support from a family member, friend or welfare-rights adviser where permission is given. This can be particularly useful where autism, learning disability, cognitive impairment, mental-health conditions or communication difficulties affect engagement with CMS.

Accessibility and support options
COMP

If Adjustments Are Not Provided

DWP says you can complain if its service or information is not accessible. A complaint about accessibility is separate from challenging the legal maintenance calculation itself, so protect any Mandatory Reconsideration or tribunal deadline as well.

DWP complaints procedure CMS appeals & complaints

Disability & CMS Action Plan

1Explain the barrier: tell CMS what your disability makes difficult — phone calls, forms, reading letters, processing information, appointments or deadlines.
2Request the adjustment: state exactly what would help, such as accessible written communication, Relay UK, BSL, larger print or support from a representative.
3Record the request: keep the date, wording, CMS response and any evidence supplied.
4Report financial changes separately: if disability changes earnings, benefits or shared care, report the relevant CMS change rather than relying on the disability diagnosis alone.
5Check variations: if you support a disabled or long-term-ill child living with you, consider whether qualifying special expenses apply.
6Protect legal deadlines: accessibility complaints do not automatically extend an MR or tribunal deadline.

Important: Disability Evidence Should Match the Issue

If you need a reasonable adjustment, evidence should explain the practical barrier where necessary. If you are challenging the maintenance amount, evidence should address the relevant statutory calculation factor — such as income, benefit status, shared care or a qualifying variation expense. A diagnosis alone does not automatically prove that the maintenance calculation is wrong.

Disability & Equality Support

Official Disability, Accessibility & CMS Sources

FULL GUIDE CONTENT

Disability and Child Maintenance

The detailed guide below preserves all of the content supplied for this page.

UK Child Maintenance Service (CMS) – Disabilities

Disability And Child Maintenance

Having a disability does not automatically remove a parent's responsibility to financially support their child.

However, disability may affect:

  • Earnings
  • Benefit entitlement
  • Ability to work
  • CMS calculations in some circumstances

If disability affects your situation, seek advice from:

Citizens Advice

https://www.citizensadvice.org.uk ↗

Disability Rights UK

https://www.disabilityrightsuk.org ↗

Scope

https://www.scope.org.uk ↗

Disability Rights When Dealing With the Child Maintenance Service (CMS)

If you are disabled and dealing with CMS, you do not lose your parental rights because of your disability. The law requires public services such as CMS to treat disabled people fairly and make reasonable adjustments where needed.

What CMS Should Do Under The Law

Under the Equality Act 2010, CMS should make reasonable adjustments if your disability places you at a substantial disadvantage compared with a non-disabled person.

Examples may include:

  • Alternative communication methods.
  • Extra time to provide information.
  • Accessible documents.
  • Large print, Braille or alternative formats.
  • Textphone services.
  • Communication support for hearing impairments.
  • Allowing a representative or advocate to help.
  • Additional support where mental health conditions affect communication.
  • Adjustments for learning disabilities, autism, ADHD, cognitive impairments or brain injuries.

CMS should consider barriers before they prevent access to the service and should not charge for reasonable adjustments.

What Disability Does NOT Mean

A disability does not automatically mean:

  • ❌ You are an unfit parent.
  • ❌ You lose contact rights.
  • ❌ You lose parental responsibility.
  • ❌ You automatically pay more maintenance.
  • ❌ You automatically pay less maintenance.

Every case should be assessed on its own facts. A disability alone should not be used to discriminate against a parent.

Parents' Rights

If you have parental responsibility, you generally have rights relating to:

  • Being involved in major decisions affecting the child.
  • Education information.
  • Medical information.
  • School reports.
  • Being consulted on significant welfare matters.

Parental responsibility and child maintenance are separate issues.

A parent can:

  • Have parental responsibility and pay maintenance.
  • Have parental responsibility and receive maintenance.
  • Have little or no contact but still be liable for maintenance.
  • Have substantial care of a child and seek a maintenance reassessment.

If Your Disability Affects Your Income

CMS calculations are largely based on income information received from HMRC.

If your disability affects:

  • Employment
  • Earnings
  • Ability to work
  • Benefit entitlement

those factors may affect the maintenance calculation. However, CMS does not simply cancel maintenance because somebody is disabled. Each case is assessed under the rules.

If CMS Is Not Making Adjustments

You can:

  • 1. Ask for reasonable adjustments.
  • 2. Make a formal complaint.
  • 3. Escalate through the CMS complaints process.
  • 4. Contact the Independent Case Examiner.
  • 5. Contact your MP.
  • 6. Seek specialist disability advice.

If The Other Parent Uses Your Disability Against You

Disability alone is not evidence that somebody is a poor parent.

Courts generally focus on:

  • The child's welfare.
  • Safety.
  • Ability to meet the child's needs.
  • Actual evidence.

Not stereotypes or assumptions about disability.

If discrimination occurs, legal advice should be sought immediately.

Specialist Support

Child Maintenance Service

0800 171 2345

Textphone:

0800 232 1975

CMS Contact Details

Equality Advisory Support Service (EASS)

Helps with discrimination and Equality Act issues.

0808 800 0082

https://www.equalityadvisoryservice.com/ ↗

Citizens Advice

https://www.citizensadvice.org.uk/ ↗

Disability Rights UK

https://www.disabilityrightsuk.org/ ↗

Scope

Disability support and advocacy.

0808 800 3333

https://www.scope.org.uk/ ↗

NHS Mental Health Support

https://www.nhs.uk/mental-health/ ↗

NHS: 111

Emergency: 999

Key Point

If you are disabled, CMS should make reasonable adjustments so you can access and use the service fairly. Your disability does not remove your parental rights, parental responsibility, or your right to be treated equally. If CMS fails to make appropriate adjustments, you can challenge this through complaints, discrimination procedures, the Equality Advisory Support Service, your MP, or legal advice.

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