Variations for Special Expenses - HMRC petrol costs

The request was partially successful.

Dear Child Maintenance Service,

You provided a number of documents in response to the following FOI request: https://www.whatdotheyknow.com/request/c...

In the document you supplied entitled "Annex E Contact Costs.pdf" you state:

"If the non-resident parent does not know the cost of the journey then you can use the
average fuel costs guidance based on the mileage the non-resident parent travels.
The average fuel costs guidance can also be used if the non-resident parent
provides an amount which you (or the parent with care, when invited to make
representations) consider unreasonable or excessive.
HM Revenue & custom: Company cars - advisory fuel rates from 1 September 2013
HMRC guidance under Company Cars - Advisory Fuel Rates for Company Cars
under the current rate link. According to the site, there are three rates according to
engine size."

1. Please could you provide a copy of your average fuel costs guidance documents or policies that you refer to.

2. Please could you provide the legislative or regulatory basis for this part of your policy that says to use HMRC advisory fuel rates for company cars. For clarity I am looking for the legal or regulatory basis on why your policy uses company car fuel rates and not personal car fuel rates or the actual financial cost of the petrol.

Yours faithfully,

G. Harrison

DWP freedom-of-information-requests, Child Maintenance Service

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Dear DWP freedom-of-information-requests and other interested parties,

This request for clarification has now been answered here:
https://www.whatdotheyknow.com/request/c...

Yours sincerely,

G. Harrison

Operations FOI Requests, Child Maintenance Service

2 Attachments

 
Dear Mr Harrison,
 
Please find attached the reply to your recent Freedom of Information
request reference number FOI 2247with one associated documents:
 
 
Thank you,
 
DWP Freedom of Information Team
 
 
 
 

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Dear Operations FOI Requests,

Thank you for your reply.

I'm sorry, perhaps I'm not explaining myself properly in my request.

I asked "Please provide the legislative or regulatory basis for this part of your policy that states that you should
use HMRC advisory fuel rates for company cars. For clarity I am looking for the legal or regulatory
basis on why your policy uses the company fuel rates and not the personal car fuel rates provided by
HMRC"

HMRC provide Advisory Fuel Rates for:
* company cars
* personal cars

You are using the advisory fuel rates for company cars.

HMRC's advisory fuel rates for company cars are completely different to the HMRC's advisory fuel rates for personal cars.

I appreciate that:
* it is your policy to use HMRC Advisory Fuel Rates
* that these rates are calculated using industry accepted data etc
* that the legislation allows you to use HMRC Advisory Fuel Rates
* everything else you say and have provided around why you use HMRC Advisory fuel rates

BUT I am looking for the policy or legislative basis for why you keep referring to the company car rates and not to the personal car rates. If a parent is using a company car, fair enough I suppose, but if a parent is using their own car then the company car rates do not apply.

Company car rates are calculated at around 11p a mile. Personal car rates are calculated at around 45p a mile.

Your own staff claim on their own expenses to you at the 45p a mile HMRC Advisory Fuel Rate for personal cars so you are aware that the two rates exist - and yet (maybe because I haven't worded my request simply enough) you insist on continuing to signpost me to the HMRC Advisory Fuel Rates for company cars calling them simply "the HMRC Advisory Fuel Rates" (which they are, but only one part)

I am looking for the policy or legislative basis for why you keep referring to the company car rates and not to the personal car rates.

Please could you supply this.

Yours sincerely,

G. Harrison

Operations FOI Requests, Child Maintenance Service

This is an automated confirmation that your request for information has been accepted by the DWP FoI mailbox.
 
By the next working day your request will be forwarded to the relevant information owner within the Department who will respond to you direct. 
 
If your email is a Freedom of Information request you can normally expect a response within 20 working days.
  
For further information on making Freedom of Information requests please click on the link below.

https://www.gov.uk/make-a-freedom-of-inf...

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G. Harrison left an annotation ()

for those reading this and keeping up with the story so far here is the guidance HMFC itself issues on when these rates for company cars can be used:

"When you can use the mileage rates
The rates only apply when you either:

reimburse employees for business travel in their company cars
require employees to repay the cost of fuel used for private travel
You must not use these rates in any other circumstances."

https://www.gov.uk/government/publicatio...

G. Harrison left an annotation ()

and just for further clarity, on HMRC's webpage for advisory fuel rates that the CMS team keep linking to it makes it clear that "These rates only apply to employees using a company car."

https://www.gov.uk/government/publicatio...

G. Harrison left an annotation ()

there is another CMS FOI request ongoing that is trying to discover the statistics and policies behind the decision making process around maintaining contact and special expenses variations here:

https://www.whatdotheyknow.com/request/c...

Operations FOI Requests, Child Maintenance Service

1 Attachment

 
Dear Mr Harrison
 
 
Please find attached our response to your recent Freedom of Information
request.
 
 
Yours sincerely
 
DWP Central Freedom of Information Team
 
 
 
 
 

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G. Harrison left an annotation ()

The response that they refer to in their answer can be viewed here:

https://www.whatdotheyknow.com/request/c...

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