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Child Maintenance and Other Payments Bill


Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

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commits an offence.

(2)   

It shall be a defence for a person charged with an offence under

subsection (1) to prove that the person took all reasonable steps to

comply with the requirements in question.

(3)   

A person guilty of an offence under subsection (1) shall be liable on

5

summary conviction to a fine not exceeding level two on the standard

scale.”

22      

Lump sum deduction orders

After section 32C of the Child Support Act 1991 (c. 48) (inserted by section 21

of this Act) insert—

10

“32D    

Lump sum deductions: interim orders

(1)   

The Commission may make an order under this section if it appears to

the Commission—

(a)   

that a person (referred to in this section and section 32E as “the

liable person”) has failed to pay an amount of child support

15

maintenance; and

(b)   

that an amount to which subsection (2) applies is due or

accruing to the liable person from another person (referred to in

this section and sections 32E to 32G as the “third party”).

(2)   

This subsection applies to any amount—

20

(a)   

that stands to the credit of the liable person in an account (other

than a current account, a joint account or an account operated

wholly or partly as a trade and business account) with a

deposit-taker; or

(b)   

that is of a prescribed description.

25

(3)   

An order under this section—

(a)   

shall be expressed to be directed at the third party in question;

(b)   

shall specify the amount of arrears of child support

maintenance in respect of which the Commission proposes to

make an order under section 32E; and

30

(c)   

while in force shall operate as an instruction to the third party

not to do anything that would reduce the amount to which

subsection (2) applies that is due or accruing to the liable person

from the third party below the amount specified in the order

(or, if already below that amount, that would further reduce it).

35

(4)   

If there is due or accruing to the liable person from the third party in

question more than one amount to which subsection (2) applies,

subsection (3)(c) shall have effect as if the reference to the amount to

which subsection (2) applies were to the total of the amounts so due or

accruing to which that subsection applies.

40

(5)   

Subsection (3)(c) has effect subject to such exceptions as may be

prescribed.

(6)   

An order under this section may specify an amount of arrears due

under a maintenance calculation which is the subject of an appeal only

if it appears to the Commission—

45

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

13

 

(a)   

that liability for the amount would not be affected were the

appeal to succeed; or

(b)   

where paragraph (a) does not apply, that the making of an order

under section 32E in respect of the amount would nonetheless

be fair in all the circumstances.

5

(7)   

The Commission shall serve a copy of any order made under this

section on—

(a)   

the third party at which it is directed; and

(b)   

the liable person.

(8)   

An order under this section shall come into force at the time at which it

10

is served on the third party at which it is directed.

(9)   

An order under this section shall cease to be in force at the earliest of

the following—

(a)   

the time at which the prescribed period ends;

(b)   

the time at which the order under this section lapses or is

15

discharged; and

(c)   

the time at which an order under section 32E made in pursuance

of the proposal specified in the order under this section is

served on the third party at which that order is directed.

(10)   

Where regulations have been made under section 29(3)(a), a person

20

liable to pay an amount of child support maintenance is to be taken for

the purposes of this section to have failed to pay the amount unless it is

paid to or through the person specified in, or by virtue of, the

regulations for the case in question.

32E     

Lump sum deductions: final orders

25

(1)   

The Commission may make an order under this section in pursuance of

a proposal specified in an order under section 32D if—

(a)   

the order in which the proposal was specified (“the interim

order”) is in force;

(b)   

the period prescribed for the making of representations to the

30

Commission in respect of the proposal specified in the interim

order has expired; and

(c)   

the Commission has considered any representations made to it

during that period.

(2)   

An order under this section—

35

(a)   

shall be expressed to be directed at the third party at which the

interim order was directed; and

(b)   

shall specify the amount of arrears of child support

maintenance in respect of which it is made.

(3)   

The amount so specified shall not exceed the amount of arrears

40

specified in the interim order which remain unpaid at the time at which

the order under this section is made.

(4)   

An order under this section may specify an amount of arrears due

under a maintenance calculation which is the subject of an appeal only

if it appears to the Commission—

45

(a)   

that liability for the amount would not be affected were the

appeal to succeed; or

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

14

 

(b)   

where paragraph (a) does not apply, that the making of an order

under this section in respect of the amount would nonetheless

be fair in all the circumstances.

(5)   

The Commission shall serve a copy of any order made under this

section on—

5

(a)   

the third party at which it is directed; and

(b)   

the liable person.

(6)   

During the relevant period, an order under this section shall operate as

an instruction to the third party not to do anything that would reduce

the amount to which section 32D(2) applies that is due or accruing to

10

the liable person from the third party below the amount specified in the

order (or, if already below that amount, that would further reduce it).

(7)   

If there is due or accruing to the liable person from the third party in

question more than one amount to which section 32D(2) applies,

subsection (6) shall have effect as if the reference to the amount to

15

which section 32D(2) applies were to the total of the amounts so due or

accruing to which that provision applies.

(8)   

Subsection (6) has effect subject to such exceptions as may be

prescribed.

(9)   

Once the relevant period has ended, an order under this section shall

20

operate as an instruction to the third party at which it is directed to pay

to the Commission the lesser of the following—

(a)   

an amount equal to the amount of arrears specified in the order

which remain unpaid at that time; and

(b)   

the amount to which section 32D(2) applies that is due or

25

accruing to the liable person or, if there is more than one such

amount, the total of those amounts.

(10)   

In this section “the relevant period” means (subject to subsection (11))

the period which begins with the service of the order under this section

on the person at which it is directed and ends with the end of the period

30

during which an appeal can be brought against the order by virtue of

regulations under section 32G.

(11)   

If an appeal is brought by virtue of the regulations, the relevant period

ends at the time at which—

(a)   

proceedings on the appeal (including any proceedings on a

35

further appeal) have been concluded; and

(b)   

any period during which a further appeal may ordinarily be

brought has ended.

32F     

Continuing effect of orders under section 32E

(1)   

This section applies if an amount of arrears specified in an order under

40

section 32E remains unpaid after any payment required by section

32E(9) has been made.

(2)   

The order shall have effect until the relevant time as an instruction to

the third party—

(a)   

to pay to the Commission any amount (not exceeding the

45

remaining amount) to which section 32D(2) applies that is due

or accruing to the liable person from the third party; and

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

15

 

(b)   

not to do anything else that would reduce any such amount.

(3)   

Subsection (2)(b) has effect subject to such exceptions as may be

prescribed.

(4)   

In this section—

“the relevant time” means the earliest of the following—

5

(a)   

the time at which the remaining amount is paid;

(b)   

the time at which the order lapses or is discharged; and

(c)   

the time at which a prescribed event occurs or

prescribed circumstances arise;

“the remaining amount”, in relation to any time, means the

10

amount of arrears specified in the order under section 32E

which remains unpaid at that time.

32G     

Regulations about orders under section 32D or 32E

(1)   

The Secretary of State may by regulations make provision with respect

to orders under section 32D or 32E.

15

(2)   

The regulations may, in particular, make provision—

(a)   

as to conditions that are to be disregarded in determining

whether amounts to which section 32D(2) applies are amounts

due or accruing to the liable person;

(b)   

as to the payment to the Commission of sums deducted under

20

an order under section 32E;

(c)   

allowing a third party which deducts and pays any amount

under an order under section 32E also to deduct a prescribed

amount towards the administrative costs incurred by it;

(d)   

with respect to notifications to be given to the liable person as to

25

amounts deducted, and amounts paid, under an order under

section 32E;

(e)   

requiring a third party at which an order under section 32D or

32E is directed to supply information of a prescribed

description to the Commission, or to notify the Commission if a

30

prescribed event occurs or prescribed circumstances arise;

(f)   

for the variation of an order under section 32D or 32E;

(g)   

for an order under section 32D or 32E to lapse in such

circumstances as may be prescribed;

(h)   

as to the revival of an order under section 32D or 32E in such

35

circumstances as may be prescribed;

(i)   

allowing or requiring an order under section 32D or 32E to be

discharged.

(3)   

Where regulations under subsection (1) make provision for the

variation of an order under section 32D or 32E, the power to vary the

40

order shall not be exercised so as to increase the amount of arrears of

child support maintenance specified in the order.

(4)   

Regulations under sections 32D(5), 32E(8) and 32F(3) may include

provision requiring the Commission’s consent to be obtained in such

circumstances as may be prescribed before things which would

45

otherwise be in breach of sections 32D(3)(c), 32E(6) and 32F(2)(b) may

be done.

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

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(5)   

The Secretary of State may by regulations make provision with respect

to priority as between an order under section 32E and—

(a)   

any other order under that section;

(b)   

any order under any other enactment relating to England and

Wales which provides for payments to be made from amounts

5

to which the order under section 32E relates;

(c)   

any diligence done in Scotland against amounts to which the

order under section 32E relates.

(6)   

The Secretary of State shall by regulations make provision for any

person affected by an order under section 32E to have a right to appeal

10

to a magistrates’ court (or, in Scotland, to the sheriff) against the

making of the order.

(7)   

Where the Commission’s consent is required to be obtained as

mentioned in subsection (4), the Secretary of State may by regulations

provide for a person of a prescribed description to have a right to

15

appeal to a magistrates’ court (or, in Scotland, to the sheriff) against the

withholding of that consent.

(8)   

On an appeal under regulations under subsection (6), the court or (as

the case may be) the sheriff shall not question the maintenance

calculation by reference to which the order under section 32E was

20

made.

(9)   

Regulations under subsections (6) and (7) may include—

(a)   

provision with respect to the period within which a right of

appeal under the regulations may be exercised;

(b)   

provision with respect to the powers of a magistrates’ court (or,

25

in Scotland, of the sheriff) in relation to an appeal under the

regulations.

32H     

Lump sum deduction orders: offences

(1)   

A person who fails to comply with the requirements of—

(a)   

an order under section 32D or 32E; or

30

(b)   

any regulation under section 32G which is designated by the

regulations for the purposes of this paragraph,

   

commits an offence.

(2)   

It shall be a defence for a person charged with an offence under

subsection (1) to prove that the person took all reasonable steps to

35

comply with the requirements in question.

(3)   

A person guilty of an offence under subsection (1) shall be liable on

summary conviction to a fine not exceeding level two on the standard

scale.”

23      

Administrative liability orders

40

After section 32H of the Child Support Act 1991 (c. 48) (inserted by section 22

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

17

 

of this Act) insert—

“32I    

Liability orders

(1)   

If it appears to the Commission that a person has failed to pay an

amount of child support maintenance, it may make an order against the

person in respect of that amount.

5

(2)   

An order under subsection (1) (a “liability order”) may be made in

respect of an amount due under a maintenance calculation which is the

subject of an appeal only if it appears to the Commission—

(a)   

that liability for the amount would not be affected were the

appeal to succeed, or

10

(b)   

where paragraph (a) does not apply, that the making of a

liability order in respect of the amount would nonetheless be

fair in all the circumstances.

(3)   

A liability order shall not come into force before—

(a)   

the end of the period during which an appeal can be brought

15

under section 32K against the making of the order, and

(b)   

if an appeal is brought under section 32K, the time at which

proceedings on the appeal (including any proceedings on a

further appeal) have been concluded and any period during

which a further appeal may ordinarily be brought has ended.

20

(4)   

Where regulations have been made under section 29(3)(a), a person

liable to pay an amount of child support maintenance is to be taken for

the purposes of this section to have failed to pay the amount, unless it

is paid to or through the person specified in, or by virtue of, the

regulations for the case in question.

25

32J     

Regulations about liability orders

(1)   

The Secretary of State may by regulations make provision with respect

to liability orders.

(2)   

Regulations under subsection (1) may, in particular—

(a)   

make provision about the form and content of a liability order;

30

(b)   

make provision for a liability order not to come into force if,

before it does so, the whole of the amount in respect of which it

is made is paid;

(c)   

make provision for the discharge of a liability order;

(d)   

make provision for the revival of a liability order in prescribed

35

circumstances.

32K     

Appeals against liability orders

(1)   

A person against whom a liability order is made may appeal to an

appeal tribunal against the making of the order.

(2)   

The grounds on which an appeal may be brought under this section

40

are—

(a)   

that the person against whom the liability order is made has not

failed to pay an amount of child support maintenance;

(b)   

that the amount in respect of which the liability order is made

exceeds the amount of child support maintenance which the

45

person in respect of whom the order is made has failed to pay.

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

18

 

(3)   

On an appeal under this section, the appeal tribunal shall not question

the maintenance calculation by reference to which the liability order is

made.

(4)   

The Secretary of State may by regulations—

(a)   

make provision with respect to the period within which a right

5

of appeal under this section may be exercised;

(b)   

make provision with respect to the powers of an appeal tribunal

in relation to an appeal under this section.”

24      

Enforcement in county courts

In section 36 of the Child Support Act 1991 (c. 48) (enforcement in county

10

courts), in subsection (1) (under which the amount in respect of which a

liability order is made is recoverable by a third party debt order or charging

order as if it were payable under a county court order, but only if a county

court so orders), the words “, if a county court so orders,” are omitted.

25      

 Disqualification for holding or obtaining travel authorisation

15

Before section 40 of the Child Support Act 1991 insert—

“39B    

Disqualification for holding or obtaining travel authorisation

(1)   

The Commission may make an order under this section against a

person where—

(a)   

it has sought to recover an amount from the person by means of

20

taking enforcement action by virtue of section 35 or 38, or by

means of a third party debt order or a charging order by virtue

of section 36;

(b)   

the whole or any part of the amount remains unpaid; and

(c)   

the Commission is of the opinion that there has been wilful

25

refusal or culpable neglect on the part of the person.

(2)   

For the purposes of subsection (1)(a), the Commission is to be taken to

have sought to recover an amount by means of a charging order if an

interim charging order has been made, whether or not any further steps

have been taken to recover the amount.

30

(3)   

A person against whom an order under this section is made is

disqualified for holding or obtaining a travel authorisation while the

order has effect.

(4)   

Before making an order under this section against a person, the

Commission shall consider whether the person needs a travel

35

authorisation in order to earn a living.

(5)   

An order under this section shall specify the amount in respect of which

it is made, which shall be the aggregate of—

(a)   

the amount sought to be recovered as mentioned in subsection

(1)(a), or so much of it as remains unpaid; and

40

(b)   

the amount which the person against whom the order under

this section is made is required to pay by the order under

section 39G(1).

 
 

 
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