Public Bill Committee: 16th October 2007

176

Child Maintenance and Other Payments Bill, continued

Enhanced enforcement to coincide with changes to the calculation of maintenance

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

NC3

To move the following Clause:—

‘When applying section 57 of this Act, the Secretary of State shall only

implement the provisions contained in sections 19 to 28 inclusive of this Act on

such day as the provisions contained in section 16 and [Duty of HM Revenue and

Customs to ascertain financial circumstances of non-resident parent] of this Act

also come into force.’.

Power of parental enforcement

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

NC4

To move the following Clause:—

‘If the Commission fails to enforce a maintenance assessment in a reasonable

period, the parent with care can request that a liability order be issued which can

be enforced independently through the county court.’.

Information required by the Commission

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

NC5

To move the following Clause:—

‘In section 14 of the Child Support Act 1991 (information requirements), after

subsection (1A) insert—

“(2)	Regulations under subsection (1) shall in particular require a person, who

is subject to a change of circumstance which would result in a decision

by the Commission to superseding an earlier decision under section 17 of

the Act on non-resident parents, to furnish the Commission with

information and evidence regarding the said change of circumstances

within 42 days.”.’.

Public Bill Committee: 16th October 2007

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Child Maintenance and Other Payments Bill, continued

Financial circumstances of non-resident parent

Danny Alexander

Paul Rowen

NC6

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)	the Commission 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 the Commission in order to verify the financial

information submitted by him or on his behalf.” ’.

Report on private arrangements

Danny Alexander

Paul Rowen

NC7

To move the following Clause:—

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

section, conduct and publish research on—

(a)	the number of parents expected to reach private arrangements;

(b)	parents’ perceptions of the efficacy of private arrangements;

(c)	the possible effect of removing the compulsion for parents with care

claiming state benefits to use the Commission on the number of such

parents with maintenance arrangements in place.’.

Public Bill Committee: 16th October 2007

178

Child Maintenance and Other Payments Bill, continued

Shared care

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

NC10

To move the following Clause:—

‘The Secretary of State must, prior to the establishment of the Commission,

publish a report which analyses whether the reduction in maintenance due to

shared care, or any other factor, is leading to a reduction in shared care.’.

Provision of advice

Danny Alexander

Paul Rowen

NC12

To move the following Clause:—

‘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.’.

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Child Maintenance and Other Payments Bill, continued

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—

(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.’.

Public Bill Committee: 16th October 2007

180

Child Maintenance and Other Payments Bill, continued

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.”’.

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.’.

Public Bill Committee: 16th October 2007

181

Child Maintenance and Other Payments Bill, continued

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.’.

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.’.

Provision of information by employers

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

NC21

To move the following Clause:—

‘After subsection 23(5) of the Social Security (Recovery of Benefits) Act 1997

(c.27) insert—

“(5A)

Employers, corporate bodies or individuals whose activities have

resulted in the exposure of people to asbestos fibres, shall be under a duty

to take all reasonable steps to provide timely details of their insurers.

(5B)	Such insurers shall have a duty to respond to claims enquiries in a timely

manner. The Secretary of State shall make provision by regulation to levy

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Child Maintenance and Other Payments Bill, continued

charges where, in his opinion, there has been unreasonable delay in the

provision of such information.”.’.

Right of appeal

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

NC22

To move the following Clause:—

‘Parents with care shall have the right to seek enforcement by magistrates’ court

(or, in Scotland by the Sheriff) of the Commission’s assessment of the non-

resident parents debt, if there has not been full recovery of the debt by the

Commission within one year of the Commission commencing enforcement

action to recover the debts concerned.’.

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.

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Revised 16 October 2007