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Public Bill Committee: 11th October 2007                

161

 

Child Maintenance and Other Payments Bill, continued

 
 

‘The Secretary of State must, within one year of the coming into force of this

 

section, publish a report on the suitability of the Commission to provide advice to

 

separating parents, with particular regard to the independence of that advice.’.

 


 

Management of ICT contracts

 

Andrew Selous

 

Mr Mark Harper

 

Mr Stewart Jackson

 

NC13

 

To move the following Clause:—

 

‘The Commission shall endeavour to have in place a competent single responsible

 

owner for any major ICT contract, as defined by the Commission, until in the

 

opinion of the Commission, the contract is working to an acceptable standard.’.

 


 

Provision of information

 

Andrew Selous

 

Mr Mark Harper

 

Mr Stewart Jackson

 

NC14

 

To move the following Clause:—

 

‘Government departments, non-departmental public bodies and the Courts shall

 

provide all such information as the Commission may reasonably request to—

 

(a)    

enable the Commission to form a correct maintanance assessment; and

 

(b)    

locate the address, workplace, or other places, where any parent who has

 

an undischarged maintenance liability may be found.’.

 


 

Prevention of maintenance avoidance by non-resident parents

 

Andrew Selous

 

Mr Mark Harper

 

Mr Stewart Jackson

 

Danny Alexander

 

Paul Rowen

 

NC15

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall by regulations provide that—

 

(a)    

where the Commission is satisfied that—


 
 

Public Bill Committee: 11th October 2007                

162

 

Child Maintenance and Other Payments Bill, continued

 
 

(i)    

a person has deprived himself of income or capital with the effect

 

that his gross weekly income is reduced; and

 

(ii)    

the effect of that deprivation is to reduce the amount of his gross

 

income by at least 25 per cent below that which it would

 

otherwise have been; and

 

(iii)    

in all the circumstances of the case it would be reasonable to do

 

so;

 

    

his gross weekly income shall be taken to include income from that

 

source of an amount estimated by the Commission.

 

(b)    

in determining what is reasonable under sub-paragraph (1)(a)(iii) above,

 

the Commission shall regard the person’s obligation to support his

 

children of paramount importance.

 

(2)    

The Secretary of State may by regulations provide that, in such circumstances and

 

to such an extent as may be prescribed—

 

(a)    

a person is to be treated as possessing income which he does not possess;

 

and

 

(b)    

income which a person does possess is to be disregarded.’.

 


 

Variations: Commission’s power to initiate

 

Andrew Selous

 

Mr Mark Harper

 

Mr Stewart Jackson

 

Danny Alexander

 

Paul Rowen

 

NC16

 

To move the following Clause:—

 

‘After Section 28G of the Child Support Act 1991 (c. 48) insert—

 

“28H (1)  

The Commission may consider a variation on its own initiative (an

 

‘own-initiative application’), where it has information or evidence

 

available to it which suggests that the case is one which may fall

 

within Part 1 of Schedule 4B or in regulations made under that Part.

 

      (2)  

The Commission may by regulations provide for—

 

(a)    

sections 16, 17 and 20; and

 

(b)    

sections 28A to 28G and Schedules 4A and 4B to apply with

 

prescribed modifications in relation to such an own initiative

 

application.”’.

 



 
 

Public Bill Committee: 11th October 2007                

163

 

Child Maintenance and Other Payments Bill, continued

 
 

Disclosure of information to parent with care

 

Andrew Selous

 

Mr Mark Harper

 

Mr Stewart Jackson

 

NC17

 

To move the following Clause:—

 

‘Information which is held for the purposes of any functions relating to child

 

support by the Commission may be supplied to the parent with care or person

 

with care for the purposes of the exercise of any such functions.’.

 


 

Maintenance agreements in cases of care shared equally

 

Danny Alexander

 

Paul Rowen

 

NC18

 

To move the following Clause:—

 

‘The Secretary of State may by regulations determine maintenance agreements to

 

be calculated in instances where care is shared equally by both parents; and those

 

instances are to be determined by the Commission.’.

 


 

Entitlement of parent with care

 

Danny Alexander

 

Paul Rowen

 

NC19

 

To move the following Clause:—

 

‘The Secretary of State may by regulations make provision for the parent with

 

care to—

 

(a)    

make representations, oral, written or otherwise, in enforcement

 

proceedings commenced under this Act and to attend enforcement

 

proceedings hearings brought under this Act, and

 

(b)    

apply to a Magistrates Court or an Appeal Tribunal for collection or

 

enforcement pursuant to sections 20 to 28 of this Act.’.

 



 
 

Public Bill Committee: 11th October 2007                

164

 

Child Maintenance and Other Payments Bill, continued

 
 

Basic level of child maintenance support

 

Danny Alexander

 

Paul Rowen

 

NC20

 

To move the following Clause:—

 

‘The Secretary of State may by regulations make provision for a basic level of

 

child support maintenance support to be sought by the Commission—

 

(a)    

where the care of a child has been transferred to a parent who has arrears

 

outstanding to the Commission; and

 

(b)    

where this person would otherwise have receipt of maintenance offset

 

against those arrears.’.

 

 

Order of the House [4th july 2007]

 

That the following provisions shall apply to the Child Maintenance and Other

 

Payments Bill [Lords]:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 16th October 2007.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [17th JULY 2007]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

 

17th July) meet—

 

(a)  

at 4.00 p.m. on Tuesday 17th July;

 

(b)  

at 9.10 a.m. and 1.30 p.m. on Thursday 19th July;

 

(c)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 24th July;


 
 

Public Bill Committee: 11th October 2007                

165

 

Child Maintenance and Other Payments Bill, continued

 
 

(d)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 9th October;

 

(e)  

at 9.10 a.m. and 1.30 p.m. on Thursday 11th October;

 

(f)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 16th October;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

table:

 

           TABLE

 

Date

Time

Witness

 
 

Tuesday 17th July

Until no later than

Department for Work

 
  

1.00 p.m.

and Pensions

 
 

Tuesday 17th July

Until no later than

Professor Nick

 
  

5.30 p.m.

Wikeley, John Wilson

 
   

Chair in Law,

 
   

University of

 
   

Southampton

 
 

Tuesday 17th July

Until no later than

Janet Allbeson, One

 
  

7.00 p.m.

Parent Families

 
 

(3)  

the proceedings shall be taken in the following order: Clause 1; Schedule 1;

 

Clauses 2 to 12; Schedules 2 and 3; Clauses 13 to 16; Schedule 4; Clauses 17

 

and 18; Schedule 5; Clauses 19 to 39; Schedule 6; Clauses 40 to 52; Schedule

 

7; Clause 53; Schedule 8; Clauses 54 to 58; new Clauses; new Schedules;

 

remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 10.00 p.m. on Tuesday 16th October.

 

 

NOTICES WITHDRAWN

 

The following Notices have been withdrawn:

 

Andrew Selous

 

Mr Mark Harper

 

Mr Stewart Jackson

 

15

 

Clause  17,  page  7,  line  37,  at end insert—

 

‘(4)    

Regulations made under subsection (3) relating to variations in income do not

 

apply to non-resident parents who fall outside PAYE.’.

 

Danny Alexander

 

Paul Rowen

 

123

 

Clause  23,  page  17,  line  4,  leave out from ‘maintenance’ to end of line 5 and add

 

‘the Commission shall give 14 days notice of an intention to make an administrative

 

liability order and shall provide to the person who has failed to pay an amount of child

 

support maintenance an account breakdown showing how the amount claimed has alleged

 

to have become due and thereafter.’.

 


 
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