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| Recovery of arrears by deduction from benefit. |
20. For section 43 of the 1991 Act (contribution to maintenance by deduction from benefit) there shall be substituted-
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| "Recovery of arrears by deduction from benefit. |
43. - (1) This section applies where-
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(a) a non-resident parent is liable to pay a flat rate of child support maintenance, and that rate applies because he falls within paragraph 4(1)(b) or (c) or 4(2) of Schedule 1; and |
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(b) such conditions as may be prescribed for the purposes of this section are satisfied. |
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(2) The power of the Secretary of State to make regulations under section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(p) (deductions from benefits) may be exercised in relation to cases to which this section applies with a view to securing that arrears of child support maintenance are recovered.
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(3) For the purposes of this section, the benefits to which section 5 of the 1992 Act applies are to be taken as including war disablement pensions and war widows' pensions (within the meaning of section 150 of the Social Security Contributions and Benefits Act 1992 (interpretation))."
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| Jurisdiction. |
21. - (1) Section 44 of the 1991 Act (jurisdiction) shall be amended as follows.
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(2) In subsection (1), after "United Kingdom" there shall be inserted ", except in the case of a non-resident parent who falls within subsection (2A)".
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(3) After subsection (2) there shall be inserted-
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"(2A) A non-resident parent falls within this subsection if he is not habitually resident in the United Kingdom, but is-
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(a) employed in the civil service of the Crown, including Her Majesty's Diplomatic Service and Her Majesty's Overseas Civil Service; |
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(b) a member of the naval, military or air forces of the Crown, including any person employed by an association established for the purposes of Part XI of the Reserve Forces Act 1996; |
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(c) employed by a company of a prescribed description registered under the Companies Act 1985 in England and Wales or in Scotland, or under the Companies (Northern Ireland) Order 1986; or |
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(d) employed by a body of a prescribed description." |
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| Abolition of child maintenance bonus. |
22. Section 10 of the 1995 Act (which provides for child maintenance bonus) shall cease to have effect.
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| Periodical reviews. |
23. Article 3(4) of the Social Security Act 1998 (Commencement No. 2) Order 1998 (which saved section 16 of the 1991 Act for certain purposes) is revoked; and accordingly that section shall cease to have effect for all purposes.
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| Regulations. |
24. In section 52 of the 1991 Act (regulations and orders), for subsection (2) there shall be substituted-
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"(2) No statutory instrument containing (whether alone or with other provisions) regulations made under-
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(a) section 12(4) (so far as the regulations make provision for the default rate of child support maintenance mentioned in section 12(5)(b)), 28C(2)(b), 28F(2)(b), 30(5A), 41(2), 41A, 41B(6), 43(1), 44(2A)(d), 46 or 47; |
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(b) paragraph 3(2) or 10A(1) of Part I of Schedule 1; or |
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or an order made under section 45(1) or (6), shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
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(2A) No statutory instrument containing (whether alone or with other provisions) the first set of regulations made under paragraph 10 of Part I of Schedule 1 as substituted by section 1(3) of the Child Support, Pensions and Social Security Act 2000 shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament."
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| Amendments. |
25. Schedule 3 (amendment of enactments) shall have effect.
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| Temporary compensation payment scheme. |
26. - (1) This section applies where-
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(a) a maintenance assessment is made before a prescribed date following an application for one under section 4, 6 or 7 of the 1991 Act; or |
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(b) a fresh maintenance assessment has been made following either a periodic review under section 16 of the 1991 Act or a review under section 17 of that Act (as they had effect before their substitution by section 40 or 41 respectively of the Social Security Act 1998), |
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and the effective date of the assessment is earlier than the date on which the assessment was made, with the result that arrears of child support maintenance have become due under the assessment.
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(2) The Secretary of State may in regulations provide that this section has effect as if it were modified so as-
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(a) to apply to cases of arrears of child support maintenance having become due additional to those referred to in subsection (1); |
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(b) not to apply to any such case as is referred to in subsection (1). |
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(3) If this section applies, the Secretary of State may in prescribed circumstances agree with the absent parent, on terms specified in the agreement, that-
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(a) the absent parent will not be required to pay the whole of the arrears, but only some lesser amount; and |
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(b) the Secretary of State will not, while the agreement is complied with, take action to recover any of the arrears. |
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(4) The terms which may be specified are to be prescribed in or determined in accordance with regulations made by the Secretary of State.
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(5) An agreement may be entered into only if it is made before 1st April 2002 and expires before 1st April 2003.
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(6) If the absent parent enters into such an agreement, the Secretary of State may, while the absent parent complies with it, refrain from taking action under the 1991 Act to recover the arrears.
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(7) Upon the expiry of the agreement, if the absent parent has complied with it-
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(a) he ceases to be liable to pay the arrears; and |
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(b) the Secretary of State may make payments of such amounts and at such times as he may determine to the person with care. |
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(8) If the absent parent fails to comply with the agreement he becomes liable to pay the full amount of any outstanding arrears (as well as any other amount payable in accordance with the assessment).
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(9) The Secretary of State may by regulations provide for this section to have effect as if there were substituted for the dates in subsection (5) such later dates as are prescribed.
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(10) In this section, "prescribed" means prescribed in regulations made by the Secretary of State.
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(11) Regulations under this section shall be made by statutory instrument.
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(12) No statutory instrument containing regulations under subsection (9) is to be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament; but otherwise a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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| Interpretation, transitional provisions, savings, etc. |
27. - (1) In this Part, "the 1991 Act" means the Child Support Act 1991.
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(2) The Secretary of State may in regulations make such transitional and transitory provisions, and such incidental, supplementary, savings and consequential provisions, as he considers necessary or expedient in connection with the coming into force of this Part or any provision in it.
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(3) Section 175(3) and (5) of the Social Security Contributions and Benefits Act 1992 (supplemental power in relation to regulations) applies to regulations made under this section as it applies to regulations made under that Act.
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(4) The power to make regulations under this section is exercisable by statutory instrument.
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(5) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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