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given up to and including
Monday 27th March 2000
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
The Order of Consideration Motion tabled on 24th March replaces the earlier Motion, which has been withdrawn.
NOTEThe 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 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, 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, Remaining New Clauses, amendments relating to Clauses 77 and 78, Schedule 9, Clauses 79 and 80, New Schedules.
NEW CLAUSES RELATING TO PART IPriority collection and enforcement of child support maintenance
Mr David Willetts
NC4To 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
NC5To 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
NC27To 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
NC28To 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:
8Page 1, line 8 [Clause 1], after 'Act")',' insert
'(1) for section 1(2) (duty to maintain) 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
(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
(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.
10Page 2, line 43 [Clause 1], at end insert
'(2A) for subsection 55(1)(a) and (b) of the 1991 Act there shall be substituted
87*Page 83, line 7 [Schedule 1], at beginning insert
'( ) Where the amount of child support maintenance calculated exceeds such sum as may be prescribed ('the maximum sum'), the maximum sum shall be payable by the non-resident parent.'.
88*Page 83, line 7 [Schedule 1], at beginning insert
' "( )(a) Following the calculation 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.
(b) Where the net weekly income of the parent with care exceeds the net weekly income of the non-resident parent of 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.
(c) Where the non-resident parent is liable to pay child support maintenance to more than one person the provisions of (a) shall apply to each parent with care and the reductions in the amount payable provided for by (b) 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.".'.
2Page 83, line 35 [Schedule 1], leave out sub-paragraph 4(1) and insert
'4.(1) Except in a case falling within sub-paragraph (2), a flat rate of £5 is payable if the nil rate does not apply and the non-resident parent's net weekly income is £100 or less.'.
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