House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

169

House of Commons

Tuesday 16th October 2007

Public Bill Committee

New Amendments handed in are marked thus

Other Amendments not tabled within the required notice period are marked thus

Child Maintenance and Other Payments Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [17th July 2007].

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Danny Alexander

Paul Rowen

22

Clause  30,  page  32,  line  37,  after ‘(1)’, insert ‘Subject to the permission in writing

of any person to whom arrears of child support maintenance are owed,’.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Danny Alexander

Paul Rowen

23

Clause  31,  page  33,  line  5,  after ‘(1)’, insert ‘Subject to the permission in writing of

any person to whom arrears of child support maintenance are owed,’.

Mr Mike Weir

93

Clause  31,  page  33,  line  10,  at end insert—

Public Bill Committee: 16th October 2007
170

Child Maintenance and Other Payments Bill, continued

‘(1A)
In making a decision to extinguish liability for arrears of child support

maintenance under subsection (1) the Commission shall have regard to the

welfare of the child or children in respect of whom the arrears are due.’.

Danny Alexander

Paul Rowen

50

Clause  36,  page  35,  line  21,  at end insert—

‘(3A)
The results and finding of all pilot schemes must be published in separate

reports—

(a)
every six months while the pilot scheme is in operation, and

(b)
at the conclusion of every pilot scheme.’.

Mr Mike Weir

94

Clause  37,  page  35,  line  32,  leave out ‘20’ and insert ‘25’.

Danny Alexander

Paul Rowen

51

Clause  39,  page  36,  line  6,  at end insert ‘(subject to subsection (3))’.

Danny Alexander

Paul Rowen

52

Clause  39,  page  36,  line  6,  at end insert—

‘(2)
The Secertary of State must publish a report on the systems that will be put in

place to facilitate information sharing between Her Majesty’s Revenue and

Customs and the Commission.

(3)
A Minister of the Crown must make a motion in each House of Parliament in

relation to the report mentioned in subsection (2) before the coming into effect of

Schedule 6.’.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Danny Alexander

Paul Rowen

120

Schedule  6,  page  69,  line  8,  at end insert—

Public Bill Committee: 16th October 2007
171

Child Maintenance and Other Payments Bill, continued

‘5A(1)
This paragraph applies to information which is held for the purposes of Court

proceedings in which the non-resident parent is a party—

(a)
by the Court, or

(b)
by a person providing services to the Court.

      (2)
Information to which this paragraph applies may be supplied—

(a)
to the Commission, or

(b)
to a person providing services to the Commission,


for use for the purposes of functions relating to child support.’.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

16

Page  36,  line  7,  leave out Clause 40.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

145

Clause  41,  page  36,  line  22,  after ‘mesothelioma’, insert ‘or pleural plaques’.

Mr James Plaskitt

143

Clause  42,  page  37,  line  8,  leave out from ‘that’ to end of line 9 and insert ‘such

requirement, if any, as may be prescribed by regulations as to the person’s connection

with the United Kingdom is satisfied’.

Danny Alexander

Paul Rowen

148

Clause  42,  page  37,  line  9,  at end insert—

‘(d)
The Secretary of State may by regulations include in subsection (c) such

persons who have been employed by companies based in the United

Kingdom and operating abroad.’.

Danny Alexander

Paul Rowen

147

Clause  42,  page  37,  line  13,  leave out from ‘that’ to end of line 14 and insert

‘dependant’.

Public Bill Committee: 16th October 2007
172

Child Maintenance and Other Payments Bill, continued

Mr James Plaskitt

144

Clause  42,  page  37,  line  18,  leave out from ‘that’ to end of line 19 and insert ‘such

requirement, if any, as may be prescribed by regulations as to the deceased’s connection

with the United Kingdom is satisfied’.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

146

Clause  49,  page  40,  line  34,  leave out from second ‘payment’ to end of line 36.

Mr Mike Weir

95

Clause  50,  page  41,  line  45,  at end add—

‘(7)
The Secretary of State must consult with all organisations with a relevant material

interest prior to making regulations under this Act.’.

Danny Alexander

Paul Rowen

136

Schedule  7,  page  69,  line  16,  at end insert—

  ‘(1A)
In section 4 (child support maintenance), in subsection (10)(a), after “written

maintenance agreement” insert “or a registered minute of agreement”’.

Danny Alexander

Paul Rowen

137

Schedule  7,  page  69,  line  16,  at end insert—

  ‘(1A)
In that section, in subsection (10)(aa) (which refers to maintenance orders)—

(a)
insert at beginning “a registered minute of agreement made after 5th

April 1993 or”

(b)
for “one year” substitute “48 months”’.

Danny Alexander

Paul Rowen

138

Schedule  7,  page  69,  line  16,  at end insert—

  ‘(1A)
In section 7 (right of child in Scotland to apply for assessment), in subsection

(10), after “written maintenance agreement” insert “or a registered minute of

agreement”’.

Public Bill Committee: 16th October 2007
173

Child Maintenance and Other Payments Bill, continued

Mr James Plaskitt

134

Schedule  7,  page  69,  line  19,  at end insert—

      ‘()
In section 20 (appeals to appeal tribunals), in subsection (1), after paragraph

(b) insert—

“(ba)
a decision of the Commission to make a liability order under

section 32I;”.

      ()
In subsection (2) of that section, after paragraph (a) insert—

“(aa)
in relation to paragraph (ba), the person against whom the

order is made;”.

      ()
After subsection (5) of that section insert—

“(5A)
An appeal lies by virtue of subsection (1)(ba) only on the following

grounds—

(a)
that the person 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

person has failed to pay.”

      ()
After subsection (7) of that section insert—

“(7A)
In deciding an appeal against a decision of the Commission to make a

liability order, an appeal tribunal shall not question the maintenance

calculation by reference to which the liability order was made.”’.

Danny Alexander

Paul Rowen

139

Schedule  7,  page  69,  line  19,  at end insert—

  ‘(2A)
In section 9 (agreements about maintenance), for subsection 1, substitute—

  “(1)
In this section—

“maintenance agreement” means any agreement for the making, or for

securing the making, of periodical payments by way of

maintenance, or in Scotland aliment, to or for the benefit of any

child.

“registered minute of agreement” means any agreement containing

provisions relating wholly or partly to maintenance, or in Scotland

aliment, to or for the benefit of any child which has been registered

for execution in the Books of Council and Session or the sheriff

court books.”’.

Danny Alexander

Paul Rowen

140

Schedule  7,  page  69,  line  19,  at end insert—

  ‘(2A)
In that section, in subsection (2), at end add “or a registered minute of

agreement”’.

Danny Alexander

Paul Rowen

141

Schedule  7,  page  69,  line  19,  at end insert—

  ‘(2A)
In that section, in subsection (3)—

Public Bill Committee: 16th October 2007
174

Child Maintenance and Other Payments Bill, continued

(a)
after “section 4(10)(a)” insert “and (aa)”

(b)
after “written maintenance agreement” insert “or a registered minute

of agreement.”’.

Mr James Plaskitt

135

Schedule  7,  page  69,  line  26,  at end insert—

      ‘()
In section 32(7) (regulations about appeals), after “include” insert “—

(a)
provision with respect to the period within which a right of

appeal under the regulations may be exercised;

(b)
”.’.

Danny Alexander

Paul Rowen

142

Schedule  7,  page  72,  line  9,  at end insert—

‘“registered minute of agreement” has the meaning given in section

9(1) of the Child Support Act 1991.’.

Mr James Plaskitt

130

Clause  54,  page  42,  line  33,  after ‘Sections’ insert ‘20(5A),’.

Mr James Plaskitt

131

Clause  54,  page  42,  line  33,  leave out ‘32K,’.

Mr James Plaskitt

132

Clause  54,  page  42,  line  37,  after ‘Sections’ insert ‘20(7A),’.

Mr James Plaskitt

133

Clause  54,  page  42,  line  37,  leave out ‘32K,’.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

14

Clause  57,  page  43,  line  22,  after ‘sections’, insert ‘16, [Duty of HM Revenue and

Customs to ascertain financial circumstances of non-resident parent],’.

Public Bill Committee: 16th October 2007
175

Child Maintenance and Other Payments Bill, continued

New Clauses

Application to Commission by third party

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

NC1

To move the following Clause:—

‘Where a child’s welfare is at risk because appropriate maintenance arrangements

have not been established, a third party specified by the Secretary of State can, on

behalf of the child, make an application to the Commission.’.

Duty of HM Revenue and Customs to ascertain financial circumstances of non-resident

parent

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

NC2

To move the following Clause:—

‘(1)
In section 11 of the Child Support Act 1991 (maintenance calculations) after

subsection (6) insert—

“(6A)
Where subsection (6) applies or an application for a variation under

section 28 has been made by either the non-resident parent or the parent

with care and any question arises concerning the income of the non-

resident parent—

(a)
HMRC shall take all reasonable steps to investigate and verify

the financial circumstances of the non-resident parent in order to

establish his income for the purposes of this Act or regulations

made under it;

(b)
the non-resident parent shall provide such information as is

required by HMRC in order to verify the financial information

submitted by him or on his behalf.”.

(2)
After subsection (8) of that section insert—

“(8A)
In this section “HMRC” means the Commissioners of Her Majesty’s

Revenue and Customs.”’.