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Public Bill Committee Proceedings: 16th October 2007      

34

 

Child Maintenance and Other Payments Bill, continued

 
 

“(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.”’.

 


 

Enhanced enforcement to coincide with changes to the calculation of maintenance

 

Andrew Selous

 

Mr Mark Harper

 

Mr Stewart Jackson

 

Not called  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

 

Negatived on division  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.’.

 



 
 

Public Bill Committee Proceedings: 16th October 2007      

35

 

Child Maintenance and Other Payments Bill, continued

 
 

Information required by the Commission

 

Andrew Selous

 

Mr Mark Harper

 

Mr Stewart Jackson

 

Not called  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.”.’.

 


 

Financial circumstances of non-resident parent

 

Danny Alexander

 

Paul Rowen

 

Negatived on division  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

 

Withdrawn  NC7

 

To move the following Clause:—


 
 

Public Bill Committee Proceedings: 16th October 2007      

36

 

Child Maintenance and Other Payments Bill, continued

 
 

‘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.’.

 


 

Shared care

 

Andrew Selous

 

Mr Mark Harper

 

Mr Stewart Jackson

 

Not called  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

 

Not selected  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

 

Negatived on division  NC13

 

To move the following Clause:—


 
 

Public Bill Committee Proceedings: 16th October 2007      

37

 

Child Maintenance and Other Payments Bill, continued

 
 

‘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

 

Not called  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

 

Negatived on division  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


 
 

Public Bill Committee Proceedings: 16th October 2007      

38

 

Child Maintenance and Other Payments Bill, continued

 
 

(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

 

Negatived on division  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

 

Withdrawn  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

 

Not called  NC18

 

To move the following Clause:—


 
 

Public Bill Committee Proceedings: 16th October 2007      

39

 

Child Maintenance and Other Payments Bill, continued

 
 

‘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

 

Negatived on division  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

 

Not called  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

 

Not called  NC21

 

To move the following Clause:—

 

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

 

(c.27) insert—


 
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