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| Child Maintenance and Other Payments Bill
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| [Third and Fourth Sittings]
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| Clause 1, page 1, line 4, leave out ‘a body corporate’ and insert ‘an Executive |
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| Agency of the Department for Work and Pensions’. |
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| Schedule 1, page 44, line 12, at end insert— |
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| | ‘(2) | The person appointed to chair the Commission, and the chief executive and non- |
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| | executive directors of the Commission, must have— |
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| | (a) | relevant experience of leading, or senior management in, a large public |
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| | or private sector organisation, and preferably, |
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| | (b) | a demonstrated knowledge of family policy law.’. |
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| Schedule 1, page 44, line 15, at end insert ‘and approved by Parliament’. |
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| Schedule 1, page 46, line 21, leave out paragraphs 9 and 10. |
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| Schedule 1, page 46, line 36, at end insert— |
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| | ‘(3) | The Commission is to be responsible for ensuring that appropriate staffing levels |
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| | are maintained in order for it to fulfil its functions as determined in section 2 of |
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| Schedule 1, page 48, line 2, leave out paragraph 17. |
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| Schedule 1, page 48, line 28, at end insert— |
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| | ‘(c) | examine the perfomance of the Commission in relation to historic |
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| Schedule 1, page 49, line 29, leave out paragraph 22. |
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| Clause 2, page 1, line 8, leave out ‘objective is’ and insert ‘objectives are’. |
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| Clause 2, page 1, line 10, at end insert ‘and to secure the payment of any arrears of |
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| child support maintenance including sums owed pursuant to the Child Support Act 1991 |
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| prior to the establishment of the Commission.’. |
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| Clause 2, page 1, line 10, at end insert ‘, and to support these parents’ joint |
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| responsibility to ensure financial support and, whenever possible, emotional support, |
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| having regard to the welfare of the children affected by these arrangements.’. |
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| Clause 2, page 1, line 11, leave out ‘objective is’ and insert ‘objectives are’. |
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| Clause 2, page 1, line 14, leave out ‘appropriate’. |
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| Clause 2, page 1, line 16, leave out ‘and’ and insert ‘;’. |
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| Clause 2, page 1, line 17, at end insert ‘and to secure payment of arrears owed |
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| Clause 2, page 1, line 17, at end insert ‘; and to collect debts owed pursuant to that |
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| Clause 2, page 1, line 17, at end insert— |
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| | ‘(c) | to advise on existing systems of creating, registering and enforcing |
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| | voluntary arrangements including, in Scotland, the ability to register such |
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| | agreements in the Books of Council and Session.’. |
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| Clause 2, page 1, line 17, at end insert— |
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| | ‘(2A) | In the application of the subsidiary objectives set out in subsection (2) above, the |
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| | Commission must have regard to the choices expressed by the parent with care |
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| | and the non-resident parent.’. |
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| Clause 2, page 1, line 19, at end add— |
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| | ‘(4) | In pursuing and having regard to its objectives, and in the exercise of its |
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| | functions, the Commission shall have regard to the welfare of any children likely |
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| Clause 2, page 1, line 19, at end insert— |
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| | ‘(4) | In relation to the Commission’s subsidiary objective in subsection (2)(a), the |
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| | Commission shall have the power to use its enforcement powers in respect of |
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| | appropriate voluntary maintenance agreements.’. |
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| Clause 3, page 2, line 11, after ‘efficiently’, insert ‘and the Secretary of State may |
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| by regulation provide for the Commission to be liable to pay compensation where— |
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| | (a) | maladministration by the Commission is accepted, or |
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| | (b) | the Commission has exercised its power to write off arrears in accordance |
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| | with section 41E of the Child Support Act 1991, as inserted by section 31 |
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| Clause 3, page 2, line 11, at end add— |
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| | ‘(4) | The Commission must publish accurate and timely management information data |
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| | in order to facilitate scrutiny of its performance.’. |
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| Clause 4, page 2, line 15, leave out ‘taking responsibility for’. |
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| Clause 4, page 2, line 17, at end add ‘, whether by voluntary arrangements or by |
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| use of the statutory scheme’. |
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| Clause 4, page 2, line 17, at end insert— |
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| | ‘(c) | promote a culture of responsible parenting in which material and |
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| | emotional support are given throughout childhood.’. |
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| Clause 5, page 2, line 19, leave out ‘provide to parents’ and insert ‘ensure that |
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| parents are provided with’. |
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| Clause 5, page 2, line 20, leave out ‘purpose’ and insert ‘purposes’. |
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| Clause 5, page 2, line 20, after ‘existence’, insert ‘and renewal’. |
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| Clause 5, page 2, line 20, after ‘existence’, insert ‘and continuation’. |
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| Clause 5, page 2, line 22, at end insert ‘and of securing the collection of any arrears |
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| of maintenance which are due’. |
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| Clause 5, page 2, line 22, at end insert ‘, and for the purpose of supporting both |
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| parents with care and non-resident parents in providing emotional support to their |
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| Clause 5, page 2, line 22, at end insert ‘, and such information shall include |
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| information on existing systems of creating, registering and enforcing voluntary |
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| agreements including, in Scotland, the ability to register such agreements in the Books of |
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| Clause 5, page 2, line 22, at end insert— |
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| | ‘(1A) | Information and guidance provided under subsection (1) must include— |
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| | (a) | provisional maintenance assessments, consisting of an estimate of the |
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| | maintenance liable if an application were made to the statutory scheme, |
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| | to enable parents to establish voluntary maintenance arrangements; |
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| | (b) | template maintenance agreements, consisting of a pro forma |
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| | maintenance agreement, to enable establishment of voluntary |
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| | maintenance arrangements.’. |
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| Clause 5, page 2, line 22, at end insert— |
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| | ‘(1A) | The Commission must, within one year of the coming into force of this section, |
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| | publish a report on how it will provide specialised advice and guidance to parents |
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| | (a) | separation and divorce, |
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| | (c) | child maintenance arrangements, |
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| | (d) | the role of the Commission, |
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| | (e) | personal finance, and |
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| | | both through telephone services and face-to-face services.’. |
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| Clause 5, page 2, line 22, at end insert— |
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| | ‘(1A) | The Commission must, within one year of the coming into force of this section, |
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| | publish a strategy for providing information and guidance to parents, including— |
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| | (a) | how many and what new bodies will be set up or funded by the |
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| | Commission to provide information and guidance; |
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| | (b) | which bodies will provide telephone services and which will provide |
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| | (c) | the budget for the marketing and promotion of information and guidance |
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| | sources, broken down by destination; |
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| | (d) | which bodies or programmes will be co-funded with other Government |
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| | departments and on what basis; |
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| | (e) | specific strategies for disseminating information and guidance to |
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| | (i) | claiming jobseeker’s allowance and income support, |
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| | (ii) | in employment on means tested benefits, |
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| | (iii) | not eligible for means tested benefits, and |
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| | (iv) | low level users of statutory maintenance services, targeted by |
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| | (f) | specific strategies for disseminating information and guidance in |
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| | accessible formats to parents with disabilities in compliance with the |
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| | Disability Discrimination Act 1995, and the Commission’s Disability |
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| Clause 5, page 2, line 23, leave out ‘may provide information’ and insert ‘may |
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| ensure that information is provided’. |
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| Clause 5, page 2, line 24, at end add— |
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| | ‘(3) | The Secretary of State may by regulations make arrangements to allow |
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| | information and guidance under subsection (1) to be provided in conjunction with |
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| | other services delivered by any relevant authority to parents and children who are |
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| | experiencing or who have experienced family breakdown. |
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| | (4) | In this section “relevant authority” means— |
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| | (a) | any Minister of the Crown or department of the Government of the |
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| | (b) | a public body specified in regulations made by the Secretary of State for |
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| | the purposes of this section. |
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| | (5) | Any regulations made under subsection (3) may be made so as to have effect for |
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| | a specified period not exceeding 24 months. |
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| | (6) | A pilot scheme may provide that its provisions are to apply only in relation to— |
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| | (a) | one or more specified areas or localities; |
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| | (b) | one or more specified classes of person; |
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| | (c) | persons selected by reference to prescribed criteria, or on a sampling |
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| | (7) | A pilot scheme may make consequential or transitional provision with respect to |
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| | the cessation of the scheme on the expiry of the specified period. |
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| | (8) | A pilot scheme may be replaced by a further pilot scheme making the same or |
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| Clause 5, page 2, line 24, at end add— |
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| | ‘(3) | The Secretary of State may by regulations make arrangements to allow |
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| | information and guidance under subsection (1) to be provided in conjunction with |
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| | other services delivered by any relevant authority to parents and children who are |
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| | experiencing or who have experienced family breakdown. |
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| | (4) | In this section “relevant authority” means— |
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| | (a) | any Minister of the Crown or department of the Government of the |
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