Child Maintenance and Other Payments Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Child Maintenance and Other Payments Bill

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.
12


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.
16

(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).