Welfare Reform Bill (HC Bill 197)

(b) the Commission is satisfied that without the

arrangements child support maintenance is unlikely to

be paid in accordance with the calculation.

(4) In section 29 (collection of child support maintenance), in subsection (1) after

25“may” there is inserted “(subject to section 4(2A) and 7(3A))”.

132 Indicative maintenance calculations

After section 9 of the Child Support Act 1991 there is inserted—

9A Maintenance agreements: indicative calculations

(1) A person with care or non-resident parent in relation to any qualifying

30child or qualifying children may apply to the Commission for an

indicative calculation with respect to that child or any of those children.

(2) A qualifying child who has attained the age of 12 years and is

habitually resident in Scotland may apply to the Commission for an

indicative calculation with respect to himself or herself.

(3) 35An indicative calculation is a calculation of the amount of child support

maintenance which the Commission considers would in accordance

with section 11 be fixed by a maintenance calculation if such a

calculation were made with respect to the child or children in question.

(4) An indicative calculation does not create any liability on any person to

40pay child support maintenance.

(5) The Commission may limit the number of applications it will accept

under this section in any particular case in such manner as it thinks fit.

Welfare Reform BillPage 99

(6) Where a person who is alleged to be the parent of a child with respect

to whom an application for an indicative calculation has been made

denies being one of the child’s parents, the Commission shall not make

the indicative calculation on the assumption that the person is one of

5the child’s parents unless the case falls within paragraph (b) of Case A3

in section 26(2).

133 Exclusion from individual voluntary arrangements

(1) In the Insolvency Act 1986, in section 382 (meaning of “bankruptcy debt” etc),

at the end there is inserted—

(5) 10Liability under the Child Support Act 1991 to pay child support

maintenance to any person is not a debt or liability for the purposes of

Part 8.

(2) In the heading to that section, after “bankruptcy debt” there is substituted “,

“liability””.

15Employment and training

134 Use of jobcentres by sex industry

In the Employment and Training Act 1973, after section 2 (duty of Secretary of

State to make arrangements for assisting persons to find employment etc) there

is inserted—

2A 20Restriction on section 2 arrangements: sex industry

(1) Arrangements made by the Secretary of State under section 2 may not

include arrangements in respect of employment for sexual purposes.

(2) For the purposes of this section employment is for sexual purposes if—

(a) it involves the employee engaging in an activity, and

(b) 25the employee’s activity, or the way in which it is performed,

may reasonably be assumed to be intended solely or principally

to stimulate one or more other persons sexually (by whatever

means).

(3) The Secretary of State may by order specify exceptions to subsection (1).

(4) 30A statutory instrument containing an order under subsection (3) is

subject to annulment in pursuance of a resolution of either House of

Parliament.

Social Mobility and Child Poverty Commission

135 Social Mobility and Child Poverty Commission

35Schedule 13 amends the Child Poverty Act 2010 for the purpose of establishing

the Social Mobility and Child Poverty Commission.