Child Maintenance and Other Payments Bill

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House of Commons

Session 2006 - 07
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Child Maintenance and Other Payments Bill

Child Maintenance and Other Payments Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Work and Pensions,
will be published separately as Bill 118—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Mr Secretary Hutton has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Child Maintenance and Other Payments Bill are
compatible with the Convention rights.

Bill 118
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Child Maintenance and Other Payments Bill

Bill 118 54/2

Child Maintenance and Other Payments Bill

Contents
Part 1
The Child Maintenance and Enforcement Commission
1
The Child Maintenance and Enforcement Commission
2
Objectives of the Commission
3
Functions of the Commission: general
4
Promotion of child maintenance
5
Provision of information and guidance
6
Fees
7
Agency arrangements and provision of services
8
Contracting out
9
Annual report to Secretary of State
10
Directions and guidance
11
Supplementary provisions
Part 2
Transfer of child support functions etc. to the Commission
12
Transfer of child support functions
13
Transfer of employees
14
Transfer of property, rights and liabilities
Part 3
Child Support etc.
Removal of compulsion for benefit claimants
15
Repeal of sections 6 and 46
Maintenance calculations
16
Changes to the calculation of maintenance
17
Power to regulate supersession
18
Transfer of cases to new rules

Bill 118
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Child Maintenance and Other Payments Bill
ii

Collection and enforcement
19
Use of deduction from earnings orders as basic method of payment
20
Deduction from earnings orders: the liable person’s earnings
21
Current account deduction orders
22
Lump sum deduction orders
23
Administrative liability orders
24
Enforcement in county courts
25
Disqualification for holding or obtaining travel authorisation
26
Curfew orders
27
Commitment to prison
28
Disqualification for driving
Debt management powers
29
Power to treat liability as satisfied
30
Power to accept part payment of arrears in full and final satisfaction
31
Power to write off arrears
32
Transfer of arrears
Miscellaneous
33
Additional special case
34
Recovery of arrears from deceased’s estate
35
Disclosure of information to credit reference agencies
36
Pilot schemes
37
Meaning of “child”
38
Extinction of liability in respect of interest and fees
39
Use of information
40
Liable relative provisions: exclusion of parental duty to maintain
Part 4
Lump Sum Payments: Mesothelioma etc.
Mesothelioma lump sum payments
41
Lump sum payments
42
Conditions of entitlement
43
Determination of claims
44
Reconsideration
45
Appeal to appeal tribunal
46
Appeal to Social Security Commissioner
47
Minors and people who lack capacity
48
Regulations: Part 4
Recovery of mesothelioma and other lump sum payments
49
Amendment of Social Security (Recovery of Benefits) Act 1997
Part 5
General
50
Regulations: general

Child Maintenance and Other Payments Bill
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51
General interpretation
52
Minor and consequential amendments
53
Repeals
54
Transition
55
Financial provisions
56
Extent
57
Commencement
58
Citation
Schedule 1   —
The Commission
Schedule 2   —
Transfer of functions under subordinate legislation
Schedule 3   —
Transfer of child support functions
Part 1   —
Consequential amendments
Part 2   —
Transitional provision and savings
Schedule 4   —
Changes to the calculation of maintenance
Schedule 5   —
Maintenance calculations: transfer of cases to new rules
Schedule 6   —
Use of information
Schedule 7   —
Minor and consequential amendments
Schedule 8   —
Repeals

© Parliamentary copyright 2007
Revised 6 June 2007