S.C.F.
Amendment Paper as at
Tuesday 1st February 2000
STANDING COMMITTEE F
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.
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.'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
64
Clause 3, page 3, line 33, at end insert—
'(5A) The Secretary of State may make regulations with a view to the Secretary of State being provided with the information which is required to enable him to determine whether he should accede to a request made under subsection (5) above.'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
138
Clause 3, page 3, line 37, leave out from '(7)' to end of line.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
123
Clause 3, page 3, line 38, leave out 'so far as she reasonably can'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
124
Clause 3, page 4, line 1, leave out from '(8)' to end of line 9.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
89
Clause 4, page 4, line 22, leave out from 'For' to 'made' in line 2 on page 5 and add 'section 12 of the 1991 Act is hereby repealed'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
139
Clause 4, page 5, line 2, at end add—
'(6) The regulations shall make provision for—
(a) the calculation of the difference between the amount of child support maintenance paid by the non-resident parent pursuant to any default or interim maintenance decision and the amount of child support maintenance which would have been payable by the non-resident parent had the Secretary of State completed a maintenance calculation at the time of that default or interim maintenance decision;
(b) where the calculation performed pursuant to paragraph (a) indicates that the non-resident parent has overpaid the parent with care, the recovery by the non-resident parent of any such sum overpaid; and
(c) where the calculation performed pursuant to paragraph (a) indicates that the non-resident parent has underpaid the parent with care, the recovery by the parent with care of any such sum underpaid.'.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden
3
Clause 5, page 5, line 10, leave out from 'section 6' to end of line 15 and insert 'the person with care or the non-resident parent or (in the case of an application under section 7) either of them or the child concerned'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
140
Clause 5, page 5, line 27, leave out from '(a)' to end of line 28 and insert 'shall make the application in writing;'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
90
Clause 5, page 5, line 27, leave out 'need not' and insert 'shall'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
91
Clause 5, page 5, line 27, leave out from 'writing' to '; and'.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden
4
Clause 5, page 5, line 34, leave out from beginning to end of line 37.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden
5
Clause 5, page 6, line 7, after '11' insert '(apart from any information needed in relation to the application for a variation)'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
128
Clause 5, page 6, leave out line 9 and insert—
'(c) that the non-resident parent could not in any event benefit from the effect of any variation which the Secretary of State might make'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
129
Clause 5, page 6, line 18, leave out 'one of the conditions' and insert 'the condition'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
130
Clause 5, page 6, line 21, leave out from 'The' to end of line 28 and insert 'condition is that the non-resident parent must make payments at the rate of—
(a) £30 per week where there is one qualifying child;
(b) £40 per week where there are two qualifying children; and
(c) £50 per week where there are three or more qualifying children'.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden
6
Clause 5, page 6, line 34, leave out 'the person' and insert 'all the persons'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
131
Clause 5, page 6, line 45, leave out 'may in prescribed circumstances' and insert 'shall'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
132
Clause 5, page 7, line 4, leave out 'determines' and insert 'is minded to determine'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
133
Clause 5, page 7, line 6, leave out 'his determination' and insert 'the fact that he is so minded'.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden
7
Clause 5, page 7, line 9, leave out 'the person' and insert 'all the persons'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
134
Clause 5, page 7, line 12, at end insert—
'(8) The persons mentioned in subsection (7) above shall, in a manner to be prescribed, be afforded the opportunity to make representations to the Secretary of State as to whether the non-resident parent has failed to comply with a regular payments condition.
(9) Before making a determination as to whether the non-resident parent has failed to comply with a regular payments condition, the Secretary of State shall have regard to any such representations as are made to him pursuant to subsection (8)'.
