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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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| Clause 15, page 7, line 10, at beginning insert— |
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| | ‘(1) | Subject to subsection (2),’. |
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| Clause 15, page 7, line 10, after ‘(c. 48)’, insert ‘shall’. |
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| Clause 15, page 7, line 18, at end insert— |
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| | ‘(2) | When applying section 57 of this Act the Secretary of State shall only bring the |
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| | provisions of subsection (1) into force on such day as he by regulations amends |
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| | the provisions set out in subsection (3) below, so as significantly to increase the |
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| | amount of child maintenance which is to be disregarded when calculating income |
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| | other than earnings for income support or jobseeker’s allowance purposes. |
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| | (3) | The provisions referred to in subsection (2) above are— |
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| | (a) | paragraph 73 of Schedule 9 to the Income Support (General) 1987 |
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| | (b) | paragraph 70 of Schedule 7 of the Jobseeker’s Allowance Regulations |
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| Clause 15, page 7, line 18, at end insert— |
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| | ‘(2) | Subsection (1) shall not have effect until the Secretary of State has, by |
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| | regulations, amended the provisions set out in subsection (3) below so as |
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| | significantly to increase the amount of child maintenance which is to be |
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| | disregarded when calculating income other than earnings for the purposes of |
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| | income support or jobseeker’s allowance. |
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| | (3) | The provisions referred to in subsection (2) above are— |
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| | (a) | paragraph 73 of Schedule 9 to the Income Support (General) 1987 |
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| | (b) | paragraph 70 of Schedule 7 to the Jobseeker’s Allowance Regulations |
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| Clause 15, page 7, line 18, at end add— |
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| | ‘(c) | section 4(10)(aa).’. |
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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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| Clause 16, page 7, line 22, at end insert ‘(subject to subsection (3))’. |
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| Clause 16, page 7, line 22, at end insert— |
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| | ‘(2) | The Secretary of State must, before Schedule 4 comes into effect, publish a |
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| | report, including statistical information, on the effect of using the following levels |
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| Clause 16, page 7, line 22, at end insert— |
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| | ‘(2) | The Secretary of State must publish a report on the criteria which will apply to |
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| | evidence brought before the Commission by a parent with care who wishes to |
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| | appeal agains a maintenance calculation. |
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| | (3) | A Minister of the Crown must make a motion in 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 16, page 7, line 22, at end insert— |
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| | ‘(2) | The Secretary of State must publish a report, including statistical information, on |
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| | the likely actual impact of the move from using net income for maintenance |
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| | calculations to gross income. |
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| | (3) | A Minister of the Crown must make a motion in 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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| Schedule 4, page 63, line 6, leave out paragraph 2. |
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| Schedule 4, page 63, leave out lines 23 to 27 and insert—
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| ‘12% where the non-resident parent has one qualifying child;
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| 16% where the non-resident parent has two qualifying children;
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| 19% where the non-resident parent has three or more qualifying children.’. |
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| Schedule 4, page 63, line 39, leave out paragraph 4. |
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| Schedule 4, page 64, line 38, 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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| Schedule 4, page 65, line 28, at end insert— |
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| | ‘(c) | provide for the calculation of income to include any interest, dividend or |
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| | other income derived from capital.’. |
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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 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 17, page 7, line 37, at end insert— |
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| | ‘(4) | Regulations made under subsection (3) relating to variations in income do not |
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| | apply to non-resident parents who fall outside PAYE.’. |
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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 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 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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