S.C.F.
Amendment Paper as at
Thursday 27th January 2000
STANDING COMMITTEE F
New Amendments handed in are marked thus *
CHILD SUPPORT, PENSIONS AND SOCIAL SECURITY BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [18th January], as follows:—
Clause 1, Schedule 1, Clauses 2 to 6, Schedule 2, Clauses 7 to 14, Clauses 61 and 62, Schedule 6, Clauses 15 to 25, Schedule 3, Clauses 26 and 27, New Clauses relating to Part I, Clauses 28 to 43, Schedule 4, Clauses 44 to 55, Schedule 5, Clauses 56 to 60, Clauses 63 and 64, Schedule 7, Clauses 65 and 66, Remaining New Clauses, New Schedules.
Schedule No. 1 (Substituted Part I of Schedule 1 to the Child Support Act 1991).
67
Amendment (No. 67) proposed, in page 71, line 32, at the end to insert the words—
'(3) The regulations shall in any event provide that the net weekly income of the non-resident parent shall be reduced in the circumstances mentioned in sub-paragraph (4) and by the method mentioned in sub-paragraph (5), but subject to the limit mentioned in sub-paragraph (6).
(4) The circumstances referred to in sub-paragraph (3) are where the parent with care has a gross annual income from all sources for the most recently completed financial year of more than £25,000.
(5) The method referred to in sub-paragraph (3) is that for every pound by which the gross annual income of the parent with care exceeds £25,000 the net weekly income of the non-resident parent shall be reduced by one penny.
(6) The limit referred to in sub-paragraph (3) is that the net weekly income of the non-resident parent shall not be reduced by more than 50 per cent.
(7) The regulations shall in any event provide that net weekly income shall include both earned and unearned income.'.—(Mr Eric Pickles.)
Question proposed, That the Amendment be made.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
109
Schedule 1, page 71, leave out lines 35 and 36.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden
37
Schedule 1, page 71, line 46, leave out from beginning to end of line 4 on page 72.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
110
Schedule 1, page 72, leave out line 14.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
111
Schedule 1, page 72, line 23, leave out from 'such' to end and insert 'children in respect of whom the non-resident parent or his partner would be entitled to receive child benefit but for the date on which the children first became resident in the United Kingdom.'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
60
Clause 2, page 3, line 3, leave out subsection (2) and insert—
'(2) For paragraph (a) there shall be substituted—
(a) Subject to subsection (13) below, there is in force a written maintenance agreement or a maintenance order, in respect of that child or those children and the person who is, at that time, the absent parent; or'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Miss Julie Kirkbride
Mr Desmond Swayne
Mr Laurence Robertson
71
Clause 2, page 3, line 3, leave out subsections (2) and (3) and insert—
'(2) In paragraph (a) the words "made before 5th April 1993" shall be omitted.'.
Mr Paul Burstow
Mr Andrew George
87
Clause 2, page 3, line 3, leave out subsections (2) and (3) and insert—
'(2) In paragraph (a) omit the words from "agreement" to "in" and insert the words "or maintenance order made at any time.".'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
97
Clause 2, page 3, line 3, leave out subsection (2).
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
98
Clause 2, page 3, line 6, leave out from beginning to end of line 9 and insert—
'(aa) there is in force an order for periodical payments to the child made under section 23 (1)(d) of the Matrimonial Causes Act 1973 or paragraph 1(2)(a) or (b) of Schedule 1 to the Children Act 1989 and—
(i) the Secretary of State does not have jurisdiction to make a maintenance calculation under the provisions of section 6 of the 1991 Act as amended, and
(ii) that simultaneously with the order the court makes an order under section 23(1)(a), (b), (spousal maintenance orders etc) or (c), or section 24 of the Matrimonial Causes Act 1973 or an order under paragraph 1(2)(c), (d) or (e) of Schedule 1 to the Children Act 1989 (lump sum payments or transfer of property orders etc), or the order is a variation of an order originally made when one or more of such orders were also made'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
59
Clause 2, page 3, line 8, leave out 'one year' and insert 'six months'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
61
Clause 2, page 3, line 9, at end add—
'(4) In section 4 of the 1991 Act (child support maintenance), there shall be inserted subsection (13) as follows—
"(a) Where a written maintenance agreement is declared by the Secretary of State following an application made to him by the parent with care to be an improper agreement, subsection (10) shall not apply to that agreement.
(b) The Secretary of State may by regulations make provision for the determination by him of applications for a declaration that a written maintenance agreement is an improper agreement on the grounds that such agreement was made following duress or undue influence.
y(c) Such regulations as are mentioned in paragraph (b) above shall include the manner in which applications are to be made, the manner in which the absent parent may make representations as to the application and the criteria by which the Secretary of State will determine such applications.".'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Miss Julie Kirkbride
Mr Desmond Swayne
Mr Laurence Robertson
72
Clause 2, page 3, line 9, at end add—
'(4) In section 8 of the 1991 Act, there shall be inserted at the end of subsection (3)—"unless an application for financial relief between the parents of the child or children is before the Court".'.
Mr Paul Burstow
Mr Andrew George
88
Clause 2, page 3, line 9, at end add—
'(4) In section 8 of the 1991 Act, there shall be inserted at the end of subsection (3)—"unless an application for maintenance by the parent with care of the child or children is under consideration by the court.".'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
120
Clause 3, page 3, line 13, leave out 'or any other benefit of a prescribed kind'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
121
Clause 3, page 3, line 19, leave out 'may' and insert 'shall'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
125
Clause 3, page 3, line 31, leave out from 'State' to '(a' in line 32 and insert 'may only fail to take the action required of him by subsection (3) if so asked by the parent'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
122
Clause 3, page 3, line 31, leave out 'may not act' and add 'may only fail to take the action required of him by subsection (3)'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
137
Clause 3, page 3, line 32, after 'if', insert ', within 14 days of the parent receiving from the Secretary of State the notification required by subsection (4),'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
62
Clause 3, page 3, line 32, leave out 'need not be' and insert 'may only be'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
63
Clause 3, page 3, line 33, at end insert 'and the Secretary of State is satisfied on reasonable grounds that the welfare of the qualifying child or any other children of the parent with care and/or the parent with care will be prejudiced by the Secretary of State so acting.'.
