Vote Bundle Text (900127-05)

Amendments proposed to the Child Support, Pensions and Social Security Bill - continued	House of Commons

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Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden

Schedule 3, page 77, line 5, at end insert—

'The Social Security Act 1998

.—(1) The Social Security Act 1998 shall be amended as follows.

(2) In Schedule 2 (decisions against which no appeal lies), for paragraph 8 and the heading preceding it there shall be substituted—

"Reduction in accordance with reduced benefit decision

Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden

Clause 27, page 23, line 24, at end insert—

'( ) The regulations may, in particular—

(a) provide for the amount of child support maintenance payable by or to any person to be at a transitional rate (or more than one such rate successively) resulting from the phasing-in by way of prescribed steps of any increase or decrease in the amount payable following the coming into force of this Part or any provision in it;

(b) provide for a departure direction or any finding in relation to a previous determination of child support maintenance to be taken into account in a decision as to the amount of child support maintenance payable by or to any person.'.

NEW CLAUSES RELATING TO PART I

Redetermination of appeals

Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden

NC1

To move the following Clause:—

'. After section 23 of the 1991 Act there shall be inserted—

"Redeterm-ination of appeals. 23A.—(1) This section applies where an application is made to a person under section 24(6)(a) for leave to appeal from a decision of an appeal tribunal.
    (2) If the person who constituted, or was the chairman of, the appeal tribunal considers that the decision was erroneous in law, he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.
    (3) If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the person shall set aside the decision and refer the case for determination by a differently constituted tribunal.
    (4) The "principal parties" are—

(a) the Secretary of State; and

(b) those who are qualifying persons for the purposes of section 20(2) in relation to the decision in question."'.

Pilot schemes

Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden

NC2

To move the following Clause:—

'(1) Any regulations made under—

(a) provisions inserted or substituted in the 1991 Act by this Part of this Act (or Schedule 1, 2 or 3); and

(b) in so far as they are consequential on or supplementary to any such regulations, regulations made under any other provisions in the 1991 Act,

may be made so as to have effect for a specified period not exceeding 12 months.

(2) Any regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as "a pilot scheme".

(3) A pilot scheme may provide that its provisions are to apply only in relation to—

(a) one or more specified areas or localities;

(b) one or more specified classes of person;

(4) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(5) A pilot scheme ("the previous scheme") may be replaced by a further pilot scheme making the same provision as that made by the previous scheme (apart from the specified period), or similar provision.

(6) A statutory instrument containing (whether alone or with other provisions) a pilot scheme shall not be made unless a draft of the instrument has been laid before Parliament and approved by resolution of each House of Parliament.'

Child maintenance premium

Mr Paul Burstow

Mr Andrew George

NC5

To move the following Clause:—

'The Secretary of State shall by regulations provide that, in determining the entitlement of a parent with care or his partner (if any) to income support or income-based jobseeker's allowance, there shall be disregarded as income the first £15 of any maintenance paid each week to the parent with care.'.

Meaning of 'child'

Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne

NC6

To move the following Clause—

'In section 55 of the 1991 Act (Meaning of "Child"), for subsection (1) there shallbe substituted—

"(1) For the purposes of this Act a person is a child if—

(a) he is under the age of 17; or

(b) he is receiving full-time education, to include advanced education to the conclusion of his first degree course.".'.

Role of the Courts

Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne

NC7

To move the following Clause:—

'.—In section 8 of the 1991 Act (The role of the courts with respect to maintenance for children), for subsections (1) to (3) there shall be substituted—

"(1) A court may exercise powers to make, vary or revive a periodical payments order in relation to a child in the circumstances set out in subsection (2) below.

(2) The circumstances are as follows:

(a) the Secretary of State does not have jurisdiction to make an order under section 6 of the 1991 Act; and

(b) simultaneous with the periodical payments 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 One of the Children Act 1989 (lump sum payments or transfer of property orders etc) or the order is a variation or revival of an order originally made when one or more of such orders were made, and

(c) prior to making any such periodical payments order it has considered the maintenance calculation that exists or could exist under section 11(1) of the 1991 Act as amended, departing from the quantum of such calculation only where it is in the interests of the child the subject of the periodical payments application to do so; and

(d) there is no regulation made by the Secretary of State providing for the termination of the operation of these provisions.

(3) Where there is an order made under subsection (2) above, any calculation under this Act shall be discharged and the Secretary of State shall not exercise any of his powers under this Act.".'.

Orders under the Matrimonial Causes Act 1973 or Children Act 1989

Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne

NC8

To move the following Clause:—

'In section 1 of the 1991 Act (The duty to maintain), for subsection (2) there shall be substituted—

"(2) For the purposes of this Act, a non-resident parent shall be taken to have met his responsibility to maintain any qualifying child of his:

(a) by paying a calculation in accordance with the provisions of this Act (as amended); or

(b) by making payments in accordance with an order set out in subsection (2A) in the circumstances set out in subsection (2B).

(2A) The Order referred to in subsection (2)(b) shall be 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.

(2B) The circumstances referred to in paragraph 2(b) are that—

(a) the Secretary of State does not have jurisdication to make a maintenance calculation under the provisions of section 6 of the 1991 Act as amended and

(b) that simultaneously with the order the court makes an order under section 23(1)(a), (b), (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 made.

(2C) Where the court makes an order of the sort listed in subsection (2A) and the conditions of subsection (2B) are met, any calculation under this Act shall be discharged and the Secretary of state shall not exercise any of his powers under this Act.".'.

Child maintenance premium implementation date

Mr Paul Burstow
Mr Andrew George

NC9

To move the following Clause:—

'(1) The Secretary of State shall by regulations provide that, in determining the entitlement of a parent with care or his partner (if any) to income support or income-based jobseeker's allowance, there shall be disregarded as income the first £10 of any maintenance paid each week to the parent with care.

(2) The Secretary of State may by regulations provide that subsection (1) is to have effect as if a different figure were substituted for the one set out therein.

(3) The provisions of subsection (1) shall apply to all parents with care regardless of whether the child support maintenance payable to them has been determined under Part I of Schedule 1 to the Child Support Act 1991 as substituted by section 1(3) of this Act or otherwise.'.