Vote Bundle text (000322a01)

House of Commons

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Index of Amendments

NOTICES OF AMENDMENTS

given up to and including

Wednesday 22nd March 2000

New Amendments handed in are marked thus *

CONSIDERATION OF BILL

CHILD SUPPORT, PENSIONS AND SOCIAL SECURITY BILL, AS AMENDED

NOTE
The Amendments have been arranged in accordance with the Order to be proposed by Mr Secretary Darling.
Mr Secretary Darling That the Child Support, Pensions and Social Security Bill, as amended, be considered in the following order, namely: New Clauses relating to Part I, amendments relating to Clause 1, Schedule 1, Clauses 2 to 6, Schedule 2, Clauses 7 to 15, Clauses 75 and 76, Schedule 8, Clauses 16 to 26, Schedule 3, Clauses 27 to 29, New Clauses relating to Chapter I of Part II, amendments relating to Clauses 30 and 31, Schedule 4, Clauses 32 to 39, New Clauses relating to Chapter II of Part II, amendments relating to Clauses 40 to 51, Schedule 5, New Clauses relating to Chapter III of Part II, amendments relating to Clauses 52 to 56, New Clauses relating to Part III, amendments relating to Clauses 57 to 62, Schedule 6, Clause 63, Schedule 7, Clauses 64 to 68, New Clauses relating to Part IV, amendments relating to Clauses 69 to 74, Remaining New Clauses, amendments relating to Clauses 77 and 78, Schedule 9, Clauses 79 and 80, New Schedules.

NEW CLAUSES RELATING TO PART I
Child support maintenance: maximum sum

Mr David Willetts
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

NC1
To move the following Clause:—
    'After section 11 of the 1991 Act there shall be inserted—
    "11A. Where the amount of child support maintenance calculated pursuant to Schedule 1 exceeds such sum as may be prescribed ('the maximum sum'), the maximum sum shall be payable by the non-resident parent.".'.

Financial provision by parent with care

Mr David Willetts
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

NC2
To move the following Clause:—
    'After section 11 of the 1991 Act there shall be inserted—
    "11B. (1) Following the calculation pursuant to Schedule 1 and section 11A of the amount payable by the non-resident parent the Secretary of State shall determine the net weekly income of the parent with care in like manner to the determination of the net weekly income of the non-resident parent.
    (2) Where the net weekly income of the parent with care exceeds the net weekly income of the non-resident parent the Secretary of State shall in such manner as may be prescribed reduce the amount of child support maintenance payable by the non-resident parent.
    (3) Where the non-resident parent is liable to pay child support maintenance to more than one person the provisions of (1) shall apply to each parent with care and the reductions in the amount payable provided for by (2) shall apply to the amounts payable to each of those parents with care in receipt of a net weekly income greater than that of the non-resident parent.".'.

Orders by magistrates' courts

Mr David Willetts
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

NC3
To move the following Clause:—
    'After section 39A of the 1991 Act there shall be inserted—
    ".—(1) In either of the circumstances mentioned in section 39A(1) the magistrates' court may of its own motion order such of the measures mentioned in (2) as it thinks fit.
    (2) The measures mentioned in (1) are:

(a) an order that any welfare benefits that the liable person is in receipt of at the time of the application be reduced by such amount as the Court thinks fit;

(b) a warrant of execution in respect of any goods owned by the liable person;

(c) a home detention curfew of like effect to an order as could be made under the Crime and Disorder Act 1998 or;

(d) a community service order.
    (3) When making an application under section 39A the Secretary of State shall provide to the magistrates' court a statement setting out which welfare benefits the liable person is in receipt of and the amounts thereof.".'.

Priority collection and enforcement of child support maintenance

Mr David Willetts
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

NC4
To move the following Clause:—
    'In the Child Support Act 1991 there shall be inserted after section 43 the following section—
    "43A. In exercising his powers under sections 29 to 43 of this Act the Secretary of State shall ensure that such powers are exercised with a view to securing the collection and enforcement of child support maintenance from those non-resident parents who have failed to pay any amount of child support maintenance and that this duty is accorded priority over the collection and enforcement of child support maintenance from those non-resident parents who have made some payments of child support maintenance.".'.

Deduction of earnings orders

Mr David Willetts
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

NC5
To move the following Clause:—
    '.—There shall be substituted for section 31(3) of the Child Support Act 1991 the following—
    "(3) A deduction of earnings order shall be made so as to secure the payment both of arrears of child support maintenance payable under the maintenance calculation and amounts of child support maintenance which will become due.".'.

Child Support Agency: quality standard guarantee

Mr David Willetts
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

Mr Desmond Swayne

NC27
*To move the following Clause:—
    '.—(1) The Secretary of State shall, by regulations, set a target time within which the Child Support Agency shall deal with all cases referred to it.
    (2) Regulations under subsection (1) above shall require the CSA to pay compensation to the person aggrieved when it fails to meet its obligations in respect of the target time; and shall set out the level of compensation payable.'.

Monitoring of policy

Mr David Willetts
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

Mr Desmond Swayne

NC28
*To move the following Clause:—
    '.—The Secretary of State shall, within eighteen months of the Act coming into force, lay before Parliament a report setting out:—

(a) the number of maintenance calculations (whether as a result of the operation of section 4 of the 1991 Act as amended, or as a result of the operation of section 6 of the 1991 Act as amended) which he has carried out in the first year following the coming into force of this Act;

(b) the number of maintenance calculations referred to in (a) above in which the amount of child suppport maintenance was more than would have been projected if that maintenance calculation had been undertaken in accordance with Part 1 of Schedule 1 of the 1991 Act prior to any amendment by this Act;

(c) the number of maintenance calculations referred to in (a) above in which the amount of child support maintenance was less than would have been projected if that maintenance calculation had been undertaken in accordance with Part 1 of Schedule 1 of the 1991 Act prior to any amendment by this Act; and

(d) the number of maintenance calculations referred to in (a) above in which the amount of child support maintenance was the same as would have been projected if that maintenance calculation had been undertaken in accordance with Part 1 of Schedule 1 of the 1991 Act prior to any amendment by this Act.'.


Steve Webb
Mr Paul Burstow
Mr Andrew George

8
Page     1,     line     8     [Clause     1],     after 'Act")',' insert—
    '(1) for section 1(2) (duty to maintain) there shall be substituted:
    "1.—(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 (3) in the circumstances set out in subsection (4).
    (3) 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 of the Children Act 1989.
    (4) The circumstances referred to in subsection 2(b) are that—

(a) 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

(b) simultaneous with the periodical payments order, the court makes—

    (i) an order under section 23(1)(a), (b) (spousal maintenance orders etc) or (c) or section 24 of the Matrimonial Causes Act 1973; or

    (ii) an order under paragraph 1(2)(c), (d) or (e) of Schedule 2 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 such orders were made; and

(c) prior to making any such periodical payments order the court 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.
    (5) Where the court makes an order as set out in subsection (3) and the conditions of subsection (4) 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.
    (b)".'.