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| | Thursday 4th October 2007 |
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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | Child Maintenance and Other Payments Bill |
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| | Clause 19, page 8, line 15, after ‘it’, insert— |
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| | | ‘(b) | for that method of payment not to be used in any case where that person |
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| | | has not failed to make a payment of child maintenance;’. |
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| | Clause 21, page 9, line 15, after ‘current’, insert ‘or deposit’. |
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| | Clause 21, page 9, line 38, after ‘current’, insert ‘or deposit’. |
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| | Clause 21, page 11, line 29, leave out ‘may’ and insert ‘shall’. |
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| | Clause 22, page 16, line 10, after ‘section’, insert ‘32D or’. |
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| | Clause 22, page 16, line 14, leave out ‘may’ and insert ‘shall’. |
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| | Clause 23, page 18, line 1, leave out subsection (3). |
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| | Clause 23, page 18, line 4, leave out ‘may’ and insert ‘shall’. |
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| | Clause 25, page 18, line 18, leave out ‘make an order’ and insert ‘apply to the court |
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| | Clause 25, page 19, line 7, leave out from ‘2006’ to end of line 8. |
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| | Clause 25, page 19, line 8, at end insert— |
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| | | ‘(8) | Only the travel authorisation function of the ID card is to be covered by this |
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| | Clause 25, page 21, line 1, leave out paragraph (c). |
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| | Clause 26, page 23, line 47, leave out subsection (4). |
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| | Clause 27, page 29, line 39, leave out subsection 2D. |
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| | Clause 28, page 31, line 39, leave out subsection A5. |
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| | Schedule 4, page 63, line 6, leave out paragraph 2. |
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| | Schedule 4, page 64, line 37, leave out paragraphs 6, 7 and 8. |
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| | Schedule 4, page 65, line 15, at end insert— |
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| | | ‘8A | In paragraph 7(4) (the amount of decrease for one child, where the non- |
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| | | resident parent has care of the child overnight) omit the first two lines of the |
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| | Clause 17, page 7, line 32, at end insert— |
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| | | ‘(aa) | make provision that where there is a change in circumstances of the non- |
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| | | resident parent, the Commission shall make a fresh assessment if the |
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| | | gross income position of the non-resident parent increases or decreases |
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| | | by 10 per cent. from the gross income figure fixed by the calculation |
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| | Clause 18, page 8, line 2, leave out lines 2 to 5 and insert— |
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| | | ‘(1) | Schedule 5 (which makes provision for, and in connection with, enabling the |
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| | | Commission to require existing cases to transfer to the new maintenance |
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| | | calculation rules or leave the statutory scheme, so far as future accrual of liability |
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| | | is concerned) shall have effect subject to subsections (2) and (3) below. |
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| | | (2) | Before Schedule 5 shall come into effect, the Secretary of State must publish a |
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| | | report to the House giving a detailed report on how the Commission intends to |
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| | | arrange the transfer of cases to the new rules; the consequences for parents and |
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| | | children where there is an existing child support application or assessment/ |
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| | | calculation; and the staffing and IT resources which will be made available to |
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| | | (3) | A Minister of the Crown must make a motion to each House of Parliament in |
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| | | relation to the report mentioned in subsection (3) before the coming into effect of |
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| | Schedule 6, page 68, line 30, at end insert— |
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| | | ‘5(1A) | This paragraph applies to information which is held for the purposes of Court |
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| | | proceedings in which the non-resident parent is a party— |
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| | | (b) | by a person providing services to the Court. |
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| | | (2) | Information to which this paragraph applies may be supplied— |
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| | | (a) | to the Commission, or |
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| | | (b) | to a person providing services to the commission, |
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| | | | for use for the purposes of functions relating to child support.’. |
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| | Clause 29, page 32, line 32, at end insert— |
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| | | ‘(4) | Regulations under subsection (1) may include— |
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| | | (a) | provision enabling the Commission is prescribed circumstances to treat |
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| | | liability as satisfied without authorisation from the parent with care; and |
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| | | (b) | provision enabling the parent with care in prescribed circumstances to |
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| | | appeal to the Commission against a decision to treat liability as |
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| | Clause 21, page 11, leave out line 32 and insert— |
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| | | ‘(a) | if he is aggrieved by the making of an order under section 32A or by the |
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| | Clause 23, page 17, line 4, leave out from ‘maintenance’ to end of line 5 and add |
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| | ‘the Commission shall give 14 days notice of an intention to make an administrative |
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| | liability order and shall provide to the person who has failed to pay an amount of child |
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| | support maintenance an account breakdown showing how the amount claimed has alleged |
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| | to have become due and thereafter.’. |
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| | Clause 17, page 7, line 32, at end insert— |
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| | | ‘(aa) | make provision to include that where there is a change in circumstances |
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| | | of the non-resident parent, the Commission shall review maintenance |
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| | | arrangements if the gross income of the non-resident parent has increased |
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| | | by greater than 25 per cent. or decreased by greater than 10 per cent. from |
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| | | the gross income figure fixed by the calculation currently in force; |
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| | | (ab) | make provision for supersession in circumstances in which updated |
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| | | income information is provided to the Commission and the maintenance |
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| | | calculation currently in force has been calculated using historic tax year |
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| | | information held at Her Majesty’s Revenue and Customs.’. |
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| | Clause 15, page 7, line 18, at end add— |
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| | | ‘(2) | In section 4 of the Child Support Act 1991 (Child support and maintenance), for |
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| | | subsection (10) substitute—
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| | | | “No application may be made at any time under this section with respect to a |
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| | | qualifying child or any qualifying children if there is in force a maintenance order |
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| | | in respect of that child or those children and the person who is, at that time, the |
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| | | Prevention of maintenance avoidance by non-resident parents |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State shall by regulations provide that— |
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| | | (a) | where the Commission is satisfied that— |
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| | | (i) | a person has deprived himself of income or capital with the effect |
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| | | that his gross weekly income is reduced; and |
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| | | (ii) | the effect of that deprivation is to reduce the amount of his gross |
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| | | income by at least 25 per cent below that which it would |
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| | | (iii) | in all the circumstances of the case it would be reasonable to do |
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| | | | his gross weekly income shall be taken to include income from that |
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| | | source of an amount estimated by the Commission. |
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| | | (b) | in determining what is reasonable under sub-paragraph (1)(a)(iii) above, |
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| | | the Commission shall regard the person’s obligation to support his |
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| | | children of paramount importance. |
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| | | (2) | The Secretary of State may by regulations provide that, in such circumstances and |
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| | | to such an extent as may be prescribed— |
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| | | (a) | a person is to be treated as possessing income which he does not possess; |
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| | | (b) | income which a person does possess is to be disregarded.’. |
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| | | Variations: Commission’s power to initiate |
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| | To move the following Clause:— |
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| | | ‘After Section 28G of the Child Support Act 1991 (c. 48) insert— |
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| | | “28H (1) | The Commission may consider a variation on its own initiative (an |
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| | | ‘own-initiative application’), where it has information or evidence |
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| | | available to it which suggests that the case is one which may fall |
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| | | within Part 1 of Schedule 4B or in regulations made under that Part. |
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| | | (2) | The Commission may by regulations provide for— |
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| | | (a) | sections 16, 17 and 20; and |
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| | | (b) | sections 28A to 28G and Schedules 4A and 4B to apply with |
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| | | prescribed modifications in relation to such an own initiative |
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| | | Disclosure of information to parent with care |
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| | To move the following Clause:— |
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| | | ‘Information which is held for the purposes of any functions relating to child |
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| | | support by the Commission may be supplied to the parent with care or person |
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| | | with care for the purposes of the exercise of any such functions.’. |
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| | | Maintenance agreements in cases of care shared equally |
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| | To move the following Clause:— |
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| | | ‘The Secretary of State may by regulations determine maintenance agreements to |
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| | | be calculated in instances where care is shared equally by both parents; and those |
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| | | instances are to be determined by the Commission.’. |
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| | | Entitlement of parent with care |
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| | To move the following Clause:— |
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| | | ‘The Secretary of State may by regulations make provision for the parent with |
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| | | (a) | make representations, oral, written or otherwise, in enforcement |
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| | | proceedings commenced under this Act and to attend enforcement |
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| | | proceedings hearings brought under this Act, and |
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| | | (b) | apply to a Magistrates Court or an Appeal Tribunal for collection or |
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| | | enforcement pursuant to sections 20 to 28 of this Act.’. |
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| | | Basic level of child maintenance support |
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| | To move the following Clause:— |
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| | | ‘The Secretary of State may by regulations make provision for a basic level of |
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| | | child maintenance support to be sought by the Commission— |
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| | | (a) | where the care of a child has been transferred to a parent who has arrears |
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| | | outstanding to the Commission; and |
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| | | (b) | where this person would otherwise have receipt of maintenance offset |
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| | Clause 19, page 8, line 19, at end insert— |
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| | | ‘(4A) | On an appeal under regulations made under subsection (4)(b) the court or (as the |
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| | | case may be) the sheriff shall not question the maintenance calculation by |
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| | | reference to which the order under section 31 would be made. |
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| | | (4B) | Regulations under subsection (4)(b) may include— |
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| | | (a) | provision with respect to the period within which a right of appeal under |
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| | | the regulations may be exercised; |
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| | | (b) | provision with respect to the powers of a magistrates’ court (or, in |
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| | | Scotland, of the sheriff) in relation to an appeal under the regulations.’. |
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| | Clause 23, page 17, line 16, leave out ‘32K’ and insert ‘20’. |
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| | Clause 23, page 17, line 17, leave out ‘32K’ and insert ‘20’. |
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