House of Commons portcullis
House of Commons
Session 2006 - 07
Internet Publications
Other Bills before Parliament

Child Maintenance and Other Payments Bill


Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

33

 

31      

Power to write off arrears

After section 41D of the Child Support Act 1991 (c. 48) (inserted by section 30

of this Act) insert—

“41E    

Power to write off arrears

(1)   

The Commission may extinguish liability in respect of arrears of child

5

support maintenance if it appears to it—

(a)   

that the circumstances of the case are of a description specified

in regulations made by the Secretary of State, and

(b)   

that it would be unfair or otherwise inappropriate to enforce

liability in respect of the arrears.

10

(2)   

The Secretary of State may by regulations make provision with respect

to the exercise of the power under subsection (1).”

32      

Transfer of arrears

After section 49 of the Child Support Act 1991 insert—

“49A    

Transfer of arrears

15

(1)   

The Secretary of State may by regulations make provision enabling the

Commission in prescribed circumstances to enter into arrangements

(“transfer arrangements”) under which liability in respect of arrears of

child support maintenance becomes debt due to the person with whom

the arrangements are entered into (“the transferee”).

20

(2)   

Liability which is the subject of transfer arrangements—

(a)   

ceases to be liability in relation to which the Commission’s

functions with respect to collection and enforcement are

exercisable, and

(b)   

becomes debt in which only the transferee has an interest.

25

(3)   

Regulations under subsection (1) may, in particular—

(a)   

specify when arrears of child support maintenance may be the

subject of transfer arrangements;

(b)   

specify the descriptions of person with whom transfer

arrangements may be entered into;

30

(c)   

specify terms and conditions which transfer arrangements must

include.

(4)   

Regulations under subsection (1) may include—

(a)   

provision with respect to the recovery of debt to which a person

is entitled by virtue of transfer arrangements;

35

(b)   

provision enabling the Commission in prescribed

circumstances to prevent a person entitled to debt by virtue of

transfer arrangements from taking steps to recover it;

(c)   

provision enabling the Commission to supply information of a

prescribed description to a person entitled to debt by virtue of

40

transfer arrangements for the purpose of enabling the debt to be

recovered.”

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

34

 

Miscellaneous

33      

Additional special case

In section 42(2) of the Child Support Act 1991 (c. 48) (examples of cases in

relation to which the power under subsection (1) to prescribe circumstances in

which a case is to be treated as a special case for the purposes of the Act may

5

be exercised), at the end insert—

“(g)   

the same persons are the parents of two or more children and

each parent is—

(i)   

a non-resident parent in relation to one or more of the

children, and

10

(ii)   

a person with care in relation to one or more of the

children.”

34      

Recovery of arrears from deceased’s estate

After section 43 of the Child Support Act 1991 insert—

“43A    

Recovery of arrears from deceased’s estate

15

(1)   

The Secretary of State may by regulations make provision for the

recovery from the estate of a deceased person of arrears of child

support maintenance for which the deceased person was liable

immediately before death.

(2)   

Regulations under subsection (1) may, in particular—

20

(a)   

make provision for arrears of child support maintenance for

which a deceased person was so liable to be a debt payable by

the deceased’s executor or administrator out of the deceased’s

estate to the Commission;

(b)   

make provision for establishing the amount of any such arrears;

25

(c)   

make provision about procedure in relation to claims under the

regulations.

(3)   

Regulations under subsection (1) may include provision for

proceedings (whether by appeal or otherwise) to be instituted,

continued or withdrawn by the deceased’s executor or administrator.”

30

35      

Disclosure of information to credit reference agencies

After section 49A of the Child Support Act 1991 (inserted by section 32 of this

Act) insert—

“49B    

Disclosure of information to credit reference agencies

(1)   

Subject to subsection (3), the Commission may supply qualifying

35

information to a credit reference agency for use for the purpose of

furnishing information relevant to the financial standing of

individuals.

(2)   

The reference in subsection (1) to qualifying information is to

information which—

40

(a)   

is held by the Commission for the purposes of this Act,

(b)   

relates to a person who is liable to pay child support

maintenance, and

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

35

 

(c)   

is of a prescribed description.

(3)   

Information may not be supplied under subsection (1) without the

consent of the person to whom it relates, unless a liability order against

that person is in force.

(4)   

No provision may be made under section 14(3) authorising the supply

5

of information by the Commission to credit reference agencies.

(5)   

In this section, “credit reference agency” has the same meaning as in the

Consumer Credit Act 1974 (c. 39).”

36      

Pilot schemes

After section 51 of the Child Support Act 1991 insert—

10

“51A    

Pilot schemes

(1)   

Any regulations made under this Act may be made so as to have effect

for a specified period not exceeding 24 months.

(2)   

Regulations which, by virtue of subsection (1), are to have effect for a

limited period are referred to in this section as a “pilot scheme”.

15

(3)   

A pilot scheme may provide that its provisions are to apply only in

relation to—

(a)   

one or more specified areas or localities;

(b)   

one or more specified classes of person;

(c)   

persons selected by reference to prescribed criteria, or on a

20

sampling basis.

(4)   

A pilot scheme may make consequential or transitional provision with

respect to the cessation of the scheme on the expiry of the specified

period.

(5)   

A pilot scheme may be replaced by a further pilot scheme making the

25

same or similar provision.”

37      

Meaning of “child”

For section 55 of the Child Support Act 1991 (c. 48) substitute—

“55     

Meaning of “child”

(1)   

In this Act, “child” means (subject to subsection (2)) a person who—

30

(a)   

has not attained the age of 16, or

(b)   

has not attained the age of 20 and satisfies such conditions as

may be prescribed.

(2)   

A person who is or has been party to a marriage or civil partnership is

not a child for the purposes of this Act.

35

(3)   

For the purposes of subsection (2), “marriage” and “civil partnership”

include a void marriage and a void civil partnership respectively.”

38      

Extinction of liability in respect of interest and fees

Any outstanding liability in respect of the following is extinguished—

 
 

Child Maintenance and Other Payments Bill
Part 4 — Lump Sum Payments: Mesothelioma etc.

36

 

(a)   

interest under the Child Support (Arrears, Interest and Adjustment of

Maintenance Assessments) Regulations 1992 (S.I. 1992/1816);

(b)   

fees under the Child Support Fees Regulations 1992 (S.I. 1992/3094).

39      

Use of information

Schedule 6 (which makes provision about the use of information for purposes

5

of public administration) has effect.

40      

Liable relative provisions: exclusion of parental duty to maintain

(1)   

In section 105 of the Social Security Administration Act 1992 (c. 5) (failure to

maintain), for subsection (3) substitute—

“(3)   

Subject to subsection (4), for the purposes of this Part, a person shall be

10

liable to maintain another person if that other person is—

(a)   

his or her spouse or civil partner, or

(b)   

a person whom he or she would be liable to maintain if sections

78(6)(c) and (9) had effect for the purposes of this Part.”

(2)   

In that section, in subsection (4), for the words from “a person” to the end,

15

substitute “subsection (3)(b) shall not apply”.

Part 4

Lump Sum Payments: Mesothelioma etc.

Mesothelioma lump sum payments

41      

Lump sum payments

20

(1)   

A claim for a payment under this Part may be made by—

(a)   

a person with diffuse mesothelioma, or

(b)   

a dependant of a person who, immediately before death, had diffuse

mesothelioma.

(2)   

The Secretary of State must make the payment to the claimant if satisfied that

25

the conditions of entitlement in section 42 are fulfilled.

(3)   

Regulations—

(a)   

may prescribe the amount of any payment;

(b)   

may prescribe different amounts for different cases or classes of cases

or for different circumstances.

30

(4)   

In this Part—

“dependant” has the meaning given by section 3 of the Pneumoconiosis

etc. (Workers’ Compensation) Act 1979 (c. 41) (“the 1979 Act”);

“diffuse mesothelioma” has the same meaning as in the 1979 Act.

(5)   

Where, because of section 3(1)(b) or (d) of the 1979 Act (children, siblings etc.),

35

a payment may be claimed by two or more persons, the payment is to be made

to one of them or divided between some or all of them as the Secretary of State

thinks fit.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2007
Revised 17 October 2007