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Explanatory Notes
House of Commons
Session 2007-08
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Other Bills before Parliament
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Index to Child Maintenance And Other Payments Bill
INTRODUCTION
BACKGROUND TO THE BILL
Mesothelioma
SUMMARY OF MEASURES IN THE BILL
Current position
Proposed changes
Removal of compulsion for benefit claimants
Proposed changes
Maintenance Calculations
Proposed changes
Collection and Enforcement
Proposed changes
Debt Management Powers
Proposed changes
Transfer of cases to new rules
Proposed changes
Other Provisions
Mesothelioma
Proposed changes
BILL OVERVIEW
TERRITORIAL EXTENT
TERRITORIAL APPLICATION: WALES
COMMENTARY ON CLAUSES
Clause 2: Objectives of the Commission
Clause 3: Functions of the Commission: general
Clause 4: Promotion of child maintenance
Clause 5: Provision of information and guidance
Clause 6: Fees
Clause 7: Agency arrangements and provision of services
Clause 8: Contracting out
Clause 9: Annual report to the Secretary of State
Clause 10: Directions and guidance
Clause 11: Supplementary provisions
Part 2 - Transfer of child support functions etc. to the Commission
Clause 13: Transfer of employees
Clause 14: Transfer of property, rights and liabilities
Part 3 - Child Support etc.
Clause 16: Changes to the calculation of maintenance
Clause 17: Power to regulate supersession
Clause 18: Transfer of cases to new rules
Clause 19: Use of deduction from earnings orders as basic method of payment
Clause 20: Deduction from earnings orders: the liable person's earnings
Clause 21: Current account deduction orders
Clause 22: Lump sum deduction orders
Clause 23: Administrative liability orders
Clause 25: Disqualification for holding or obtaining a travel authorisation
Clause 26: Curfew orders
Clause 27: Commitment to prison
Clause 28: Disqualification for driving
Clause 29: Power to treat liability as satisfied
Clause 30: Power to accept part payment of arrears in full and final satisfaction
Clause 31: Power to write off arrears
Clause 32: Transfer of arrears
Clause 33: Additional special case
Clause 34: Recovery of arrears from deceased's estate
Clause 35: Disclosure of information to credit reference agencies
Clause 36: Pilot schemes
Clause 37: Meaning of 'child'
Clause 38: Extinction of liability in respect of interest and fees
Clause 39: Use of information
Clause 40: Liable relative provisions: exclusion of parental duty to maintain
Part 4 - Lump Sum Payments: Mesothelioma etc.
Clause 42: Conditions of entitlement
Clause 43: Determination of claims
Clause 44: Reconsideration
Clause 45: Appeal to appeal tribunal
Clause 46: Appeal to Social Security Commissioner
Clause 47: Minors and people who lack capacity
Clause 48: Regulations: Part 4
Clause 49: Amendment of Social Security (Recovery of Benefits) Act 1997
Part 5 - General
Clause 51: General interpretation
Clause 52: Minor and consequential amendments
Clause 53: Repeals
Clause 55: Financial provisions
Clause 56: Extent
Clause 57: Commencement
Clause 58: Citation
Schedule 1: The Commission
Schedule 2: Transfer of functions under subordinate legislation
Schedule 3: Transfer of child support functions
Schedule 4: Changes to the calculation of maintenance
Schedule 5: Maintenance calculations: transfer of cases to new rules
Schedule 6: Use of information
Schedule 7: Minor and consequential amendments
Schedule 8: Repeals
EFFECTS OF THE BILL ON PUBLIC SERVICE MANPOWER
Other Payments
SUMMARY OF THE REGULATORY IMPACT ASSESSMENT
Administration costs of proposed reforms
Costs and benefits to individuals
Gender impact
Race impact
Disability impact
Impact on business
Impacts on small firms and competition
Impact on the public sector
Delivering child support maintenance in a new way
Simplifying and improving the child support maintenance calculation process
Tougher enforcement and improvements in the collection and recovery of debt
Increasing efforts to collect and reduce debt
Impact on the third sector (charities and voluntary groups)
Mesothelioma
Administration costs of proposed reforms
Costs and benefits to individuals
Gender impact
Race impact
Impact on employers
Impact on small firms and competition
EUROPEAN CONVENTION ON HUMAN RIGHTS
Child maintenance
TRANSPOSITION NOTES
© Parliamentary copyright 2007
Prepared: 8 November 2007