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| | Thursday 11th October 2007 |
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| | New Amendments handed in are marked thus  |
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| | Other Amendments not tabled within the required notice period are marked thus  |
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| | Child Maintenance and Other Payments Bill
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| | | The Amendments have been arranged in accordance with the Order of the |
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| | | Committee [17th July 2007]. |
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| | | Amendment (No. 118) proposed, in 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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| | | currently in force.’.—(Andrew Selous). |
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| | | Question proposed, That the Amendment be made. |
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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 18, page 8, line 2, at beginning insert— |
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| | | ‘(1) | All cases being dealt with under existing rules shall be transferred to the new |
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| | | maintenance calculation rules no later than twelve months after the coming into |
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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 (2) before the coming into effect of |
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| | Clause 19, page 8, line 15, after ‘it’, insert— |
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| | | ‘(aa) | 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 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 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 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 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 22, page 16, line 39, at end insert— |
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| | | In circumstances considered appropriate by the Commission, the Commission |
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| | | shall have the power to make an application for a freezing order in accordance |
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| | | with Civil Procedure Rules, part 25, and the Secretary of State may make |
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| | | (a) | about the cases and circumstances in which the power under subsection |
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| | | (1) is exercisable, including provision restricting the exercise of that |
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| | | power by virtue of a change of circumstance; |
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| | | (b) | about the procedure in relation to the exercise of such power under |
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| | | (c) | for any person affected to have a right of appeal to the High Court within |
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| | | seven days of the making of the order.’. |
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| | Clause 23, page 17, line 5, at end insert— |
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| | | | ‘The Commission shall give 14 days notice of an intention to make an |
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| | | administrative liability order and shall provide to the person who has failed to pay |
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| | | an amount of child support maintenance an account breakdown showing how the |
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| | | amount claimed has alleged to have become due and thereafter.’. |
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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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| | Clause 23, page 17, leave out from beginning of line 37 to end of line 8 on page 18. |
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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 from ‘may’ to ‘a’ and insert ‘apply to the |
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| | court for an order to disqualify’. |
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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 18, line 24, after ‘unpaid’, insert— |
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| | | ‘(ba) | the person from whom the Commission has sought to recover an amount |
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| | | in terms of subsection (1) has been given an opportunity to make |
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| | | representations to the Commission;’. |
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| | Clause 25, page 19, line 7, leave out subsection (b). |
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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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| | Page 23, line 23, leave out Clause 26. |
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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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| | Clause 29, page 32, line 26, at end insert— |
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| | | ‘(1A) | In circumstances where a person’s liabilities to pay child maintenance result in |
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| | | sums owing to a parent with care, before exercising its powers under subsection |
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| | | (1), the Commission must first obtain the permission of the parent with care in |
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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 30, page 32, line 37, after ‘(1)’, insert ‘Subject to the permission in writing |
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| | of any person to whom arrears of child support maintenance are owed,’. |
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| | Clause 31, page 33, line 5, after ‘(1)’, insert ‘Subject to the permission in writing of |
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| | any person to whom arrears of child support maintenance are owed,’. |
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| | Clause 31, page 33, line 10, at end insert— |
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| | | ‘(1A) | In making a decision to extinguish liability for arrears of child support |
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| | | maintenance under subsection (1) the Commission shall have regard to the |
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| | | welfare of the child or children in respect of whom the arrears are due.’. |
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| | Clause 36, page 35, line 21, at end insert— |
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| | | ‘(3A) | The results and finding of all pilot schemes must be published in separate |
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| | | (a) | every six months while the pilot scheme is in operation, and |
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| | | (b) | at the conclusion of every pilot scheme.’. |
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| | Clause 37, page 35, line 32, leave out ‘20’ and insert ‘25’. |
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