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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".
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".
No. 50, in page 90, line 38, leave out from beginning to end of line 40 and insert--
No. 51, in page 92, line 35, at end insert--
No. 52, in page 92, line 40, at end insert--
Brought up, and read the First time.
Mr. Paul Burstow (Sutton and Cheam):
I beg to move, That the clause be read a Second time.
The new clause is born out of an anxiety that Liberal Democrats share about the adequacy and effectiveness of the state second pension for carers today. Many carers will never benefit from the introduction of the state second pension. The new clause deals with a specific problem that affects carers who undertake caring responsibilities, and tries to ensure that additional money is put in their pockets to improve their lives now.
Approximately 120,000 people are long-term carers, who have been caring for more than five years; 32,000 carers have been caring for more than 10 years. Many of them will not receive any benefit from the state second pension. The new clause would therefore extend the payment of invalid care allowance for eight weeks after the death of the person who is being cared for.
We are considering bereavement and the way in which we acknowledge the sensitivities around bereavement. The system presents a cliff edge for carers. One day they
have a caring responsibility, the next day the state completely withdraws the benefits that they receive for caring.
I shall explain why we believe that the matter deserves further attention. We want to highlight the problems that bereaved carers suffer. Hon. Members know that the majority of carers receive invalid care allowance for caring for relatives such as children, parents or partners. In the case of the death of a spouse, the new clause would financially help the surviving partner through the bereavement, in some small way.
It could be argued that there are no grounds for doing that and that such a provision would be unusual in the context of our benefit system. However, that is not the case. There is a precedent that applies directly to carers. The carers premium is paid on top of income support to those who are entitled to invalid care allowance for eight weeks after the death of the person who was cared for. It is more generous than the new clause because it establishes the right to a further eight weeks of payment when a cared-for person has moved into permanent residential care. We argue that the principle of the carers premium, which gives a breathing space to the carer, should apply to invalid care allowance in general.
If the provision worked in the same way as the carers premium, it would cost an additional £5 million per annum. Our proposal is not as generous--although we would like to be more generous--and should therefore cost less.
When such amendments are tabled, Ministers often express anxiety, perhaps understandably, about the constraints that the Government's ancient and rather decrepit information technology systems place on them when the administration of benefits is changed. In Committee, we had an interesting exchange about the number of releases that were being planned to CSA software. That led me to ask a written question to glean more information about releases.
I discovered through the written answer that two releases are planned in the next three years for invalid care allowance. One will deal with the production of restricted order books, which account for the recipient reaching retirement age, or changes to that person's disability living allowance or attendance allowance. That provides an opportunity to tackle another long-standing Liberal Democrat anxiety. Invalid care allowance should probably be extended to people of retirement age who continue to carry a caring burden.
The second release deals with a range of system administrative enhancements. That seems to be a general catch-all that could also apply to the new clause, enabling it to be given effect without requiring an additional release of the necessary software and systems. In that context, I hope that that concern can be overcome.
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".
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".
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".
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".'.
', after "any application" there shall be inserted "made or treated as made".'.
'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".'.
'(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.
. 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".'.--[Mr. Rooker.]
'.--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.".'.--[Mr. Burstow.]
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