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

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Steve Webb
Mr Paul Burstow
Mr Andrew George

76

Page     20     [Clause     19],     leave out lines 15 and 16 and insert—

      '(i) a maximum of 20 per cent. of any relevant benefit received by the parent for the first six months;

      (ii) a maximum of 10 per cent. of any relevant benefit received by the parent for a remaining twelve months;

    and the maximum period, without possibility of extension, is eighteen months.'.


   

Mr Secretary Darling

49

Page     89,     line     39     [Schedule     3],     at end insert—

'The Army Act 1955 (3 & 4 Eliz. 2 c.18)

    A1.—(1) Section 150A of the Army Act 1955 (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.

    (2) In subsections (1), (2)(a), (3)(a) (twice) and (4), for "maintenance assessment" there shall be substituted "maintenance calculation".

    (3) In subsection (3) (twice), for "the assessment" there shall be substituted "the calculation".

The Air Force Act 1955 (3 & 4 Eliz. 2 c.19)

    A2.—(1) Section 150A of the Air Force Act 1955 (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.

    (2) In subsections (1), (2)(a), (3)(a) (twice) and (4), for "maintenance assessment" there shall be substituted "maintenance calculation".

    (3) In subsection (3) (twice), for "the assessment" there shall be substituted "the calculation".

The Matrimonial Causes Act 1973 (c.18)

    A3.—(1) The Matrimonial Causes Act 1973 shall be amended as follows.

    (2) In section 29 (duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour)—

      (a) in subsections (5)(a), (7) (three times) and (8)(a), for "maintenance assessment" there shall be substituted "maintenance calculation";

      (b) in subsections (5)(a) and (b)(ii) and (6)(b), for "current assessment" there shall be substituted "current calculation";

      (c) in subsection (6)(b), for "maintenance assessments" there shall be substituted "maintenance calculations"; and

      (d) in subsection (6)(b), for "those assessments" there shall be substituted "those calculations".

    (3) In section 31 (variation, discharge, etc., of certain orders for financial relief)—

      (a) in subsections (11)(c) and (12)(a) and (c), for "maintenance assessment" there shall be substituted "maintenance calculation"; and

      (b) in subsection (11) (twice), for "the assessment" there shall be substituted "the calculation".

    (4) In section 52 (interpretation), in subsection (1), for "maintenance assessment" there shall be substituted "maintenance calculation".

The Domestic Proceedings and Magistrates Courts Act 1978 (c.22)

    A4.—(1) The Domestic Proceedings and Magistrates Courts Act 1978 shall be amended as follows.

    (2) In section 5 (age limit on making orders for financial provision for children and duration of such orders)—

      (a) in subsections (5)(a), (7) (three times) and (8)(a), for "maintenance assessment" there shall be substituted "maintenance calculation";

      (b) in subsections (5)(a) and (b)(ii) and (6)(b), for "current assessment" there shall be substituted "current calculation"; and

      (c) in subsection (6)(b), for "those assessments" there shall be substituted "those calculations".

    (3) In section 20 (variation, revival and revocation of orders for periodical payments)—

      (a) in subsections (9A)(c) and (9B)(a) and (c), for "maintenance assessment" there shall be substituted "maintenance calculation"; and

      (b) in subsection (9A) (three times), for "the assessment" there shall be substituted "the calculation".

    (4) In section 88 (interpretation), in subsection (1), for "maintenance assessment" there shall be substituted "maintenance calculation".

The Family Law (Scotland) Act 1985 (c.37)

    A5.—(1) The Family Law (Scotland) Act 1985 shall be amended as follows.

    (2) In section 5 (variation and recall of decrees of aliment), in subsection (1A), for "maintenance assessment" there shall be substituted "maintenance calculation".

    (3) In section 7 (agreements about aliment), in subsection (2A), for "maintenance assessment" there shall be substituted "maintenance calculation".

    (4) In section 13 (orders for periodical allowance), in subsection (4A), for "maintenance assessment" there shall be substituted "maintenance calculation".

    (5) In section 16 (agreements about financial provision), in subsection (3)(d), for "maintenance assessment" there shall be substituted "maintenance calculation".

    (6) In section 27 (interpretation), in subsection (1), for "maintenance assessment" there shall be substituted "maintenance calculation".

The Insolvency Act 1986 (c.45)

    A6. In section 281 of the Insolvency Act 1986 (effect of discharge on a bankrupt), in subsection (5)(b), for "maintenance assessment" there shall be substituted "maintenance calculation".

The Debtors (Scotland) Act 1987 (c.18)

    A7.—(1) The Debtors (Scotland) Act 1987 shall be amended as follows.

    (2) In section 72 (effect of sequestration on diligence against earnings), in subsection (4A), for "maintenance assessment" there shall be substituted "maintenance calculation".

    (3) In section 106 (interpretation), in the definition of "maintenance order", in paragraph (j), for "maintenance assessment" there shall be substituted "maintenance calculation".

The Income and Corporation Taxes Act 1988 (c.1)

    A8.—(1) The Income and Corporation Taxes Act 1988 shall be amended as follows.

    (2) In section 347B (qualifying maintenance payments)—

      (a) in subsections (8) and (9)(a) and (c), for "maintenance assessment" there shall be substituted "maintenance calculation";

      (b) in subsection (9)(b) and (c), for "the assessment" there shall be substituted "the calculation"; and

      (c) for subsection (11) there shall be substituted—

            "(11) In this section "maintenance calculation" means a maintenance calculation made under the Child Support Act 1991 or a maintenance assessment made under the Child Support (Northern Ireland) Order 1991."

    (3) In section 617 (social security benefits and contributions), in subsection (2)(ae), for "section 24 of the Child Support Act 1995 or under any corresponding enactment" there shall be substituted "any enactment corresponding to section 24 of the Child Support Act 1995".

The Finance Act 1988 (c.39)

    A9. In the Finance Act 1988, in each of subsection (5A) of section 36 (annual payments) and subsection (8A) of section 38 (maintenance payments under existing obligations: 1989-90 onwards), for "maintenance assessment made" there shall be substituted "maintenance calculation or maintenance assessment made respectively".

The Children Act 1989 (c.41)

    A10.—(1) Schedule 1 to the Children Act 1989 (financial provision for children) shall be amended as follows.

    (2) In paragraph 3—

      (a) in sub-paragraph (5)(a), (7) (three times) and (8)(a), for "maintenance assessment" there shall be substituted "maintenance calculation";

      (b) in sub-paragraph (5)(a) and (b)(ii) and (6)(b), for "current assessment" there shall be substituted "current calculation";

      (c) in sub-paragraph (6)(b), for "maintenance assessments" there shall be substituted "maintenance calculations"; and

      (d) in sub-paragraph (6)(b), for "those assessments" there shall be substituted "those calculations".

    (3) In paragraph 6—

      (a) in sub-paragraph (9) (three times), for "the assessment" there shall be substituted "the calculation"; and

      (b) in sub-paragraph (9)(c), for "maintenance assessment" there shall be substituted "maintenance calculation".

    (4) In paragraph 16(3), for "maintenance assessment" there shall be substituted "maintenance calculation".'.


   

Mr Secretary Darling

50

Page     90,     line     38     [Schedule     3],     leave out from beginning to end of line 40 and insert ', after "any application" there shall be inserted "made or treated as made".'.


   

Mr Secretary Darling

51

Page     92,     line     35     [Schedule     3],     at end insert—

'The Social Security Administration Act 1992 (c.5)

    . In section 7A of the Social Security Administration Act 1992 (sharing of functions as regards certain claims and information), in subsection (6)(a)—

      (a) after "application" there shall be inserted "(or an application treated as having been made)"; and

      (b) for "maintenance assessment" there shall be substituted "maintenance calculation".'.

   

Mr Secretary Darling

52

Page     92,     line     40     [Schedule     3],     at end insert—

    '(3) Section 24 (which provides for the making of regulations under which compensation could be paid for a reduction in child support maintenance attributable to changes in child support legislation, and which is now spent) shall cease to have effect.

Prisoners' Earnings Act 1996 (c.33)

    . In section 1 of the Prisoners' Earnings Act 1996 (power to make deductions and impose levies), in subsection (4), in paragraph (d) of the definition of "net weekly earnings", for "maintenance assessment" there shall be substituted "maintenance calculation".'.


NEW CLAUSES RELATING TO PART III

Extension of invalid care allowance for bereaved carers

   

Steve Webb
Mr Paul Burstow
Mr Andrew George

NC9

To move the following Clause:—

    '.—In section 70 of the Social Security Contributions and Benefits Act 1992, there shall be inserted the following subsection—

    "(10) The Secretary of State shall make regulations in respect of persons who cease to be in receipt of invalid care allowance as a result of the death of the person in respect of whose care the allowance has been claimed.

    (10A) These regulations shall set the condition for the award to be satisfied for a period of eight weeks from the date on which that person ceased to be in receipt of invalid care allowance.".'.

 
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