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| Clause 111, page 75, line 10, at end insert— |
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| | ‘(3A) | The amount levied under subsection (2) shall not be greater than the value of the |
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| | overpayment arising from failures outlined in subsection (1).’. |
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| Clause 111, page 75, line 25, at end insert— |
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| | ‘(7) | Under no circumstances shall the Secretary of State allow any targets to be set that |
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| | would be intended to provide an incentive to increase the number or value of civil |
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| | penalties issued under this section.’. |
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| Clause 111, page 75, line 34, leave out ‘an’ and insert ‘a significant’. |
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| Clause 111, page 75, line 44, leave out ‘an’ and insert ‘a significant’. |
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| Clause 111, page 75, line 47, at end insert— |
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| | ‘(2A) | The amount levied under subsections (1) and (2) shall not be greater than the |
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| | value of the overpayment arising from failures outlined in those subsections.’. |
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| Clause 111, page 76, line 12, at end insert— |
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| | ‘(7) | Under no circumstances shall the Secretary of State allow any targets to be set that |
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| | would be intended to provide an incentive to increase the number or value of civil |
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| | penalties issued under this section.’. |
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| Clause 111, page 76, line 12, at end insert— |
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| | ‘(2) | Subsection (1) shall not take effect until the Secertary of State has published a |
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| | report setting out the criteria that will be used to define whether an error will or |
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| | will not be considered to fall within sections 115C and 115D of the Social |
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| | Security Administration Act 1992, as inserted by subsection (1), and how |
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| | individual characteristics of the claimant are to be taken into account when |
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| | making the distinction.’. |
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| Clause 111, page 76, line 12, at end insert— |
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| | ‘(2) | Subsection (1) shall not take effect until the Secretary of State has published a |
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| | report setting out how the appropriate authority will determine what reasonable |
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| | steps a claimant can be expected to take to avoid error.’. |
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| Clause 111, page 76, line 12, at end insert— |
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| | ‘(2) | Subsection (1) shall not take effect until the Secretary of State has published a |
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| | report setting out how the appropriate authority will compensate claimants where |
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| | an overpayment or delay in payment of benefit has arisen as a result of official |
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| Clause 111, page 76, line 12, at end insert— |
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| | ‘(2) | Subsection (1) shall not take effect until the Secretary of State has published a |
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| | report setting out what information, guidance and other assistance the appropriate |
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| | authority will provide to each person making a claim to enable them to understand |
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| | and meet their responsibilities with respect to that claim.’. |
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| Clause 115, page 80, line 48, leave out ‘5 April 2012’ and insert ‘the day specified |
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| by order made by the Treasury’. |
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| Clause 115, page 83, line 31, leave out ‘5 April 2012’ and insert ‘the day specified |
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| by order made by the Treasury’. |
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| Clause 115, page 85, line 35, at end insert— |
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| | ‘(c) | in subsection (3)(a) at the beginning there is inserted “an order or”.’ |
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| Clause 121, page 90, line 39, at end insert— |
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| | ‘(11) | The Secretary of State shall commission a report, which is to be published no later |
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| | than 365 days after this Bill receives Royal Assent, about the possibility of using |
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| | and/or adapting the relevant information-sharing systems to inform policy on the |
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| Clause 128, page 97, line 2, leave out from ‘Commission’ to end of line 8 and insert |
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| ‘may with a view to ensuring that there are effective maintenance arrangements in place— |
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| | (a) | take such steps as it considers appropriate to ensure that all parents |
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| | eligible for child maintenance are made fully aware of the choices open |
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| | to them to secure periodical payments by way of maintenance with |
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| | respect to any child either by means of a maintenance agreement or by |
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| | means of an application to the Commission for a calculation for the said |
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| | (b) | upon receiving an application under sections 4 and 7 in respect of a child, |
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| | take steps to establish with the applicant whether a maintenance |
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| | agreement or an application to the Commission is the best means of |
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| | achieving a sustainable and durable maintenance arrangement for the |
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| | child in question, and to encourage the applicant accordingly.’. |
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| Clause 128, page 97, line 13, leave out from ‘to’ to end of line 16 and insert ‘take |
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| steps to establish with the applicant whether a maintenance agreement (within the |
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| meaning of section 9 of the Child Support Act 1991) or an application to the Commission |
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| is the best means of achieving a sustainable and durable maintenance arrangement for the |
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| child in question, and to encourage the applicant accordingly.’. |
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| Clause 128, page 97, line 16, at end insert— |
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| | ‘(3) | In section 6 of the Child Maintenance and Other Payments Act 2008, after |
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| | “(2A) | The Secretary of State shall not levy any fees on a parent with care, |
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| | except in prescribed circumstances.”.’. |
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| Clause 128, page 97, line 16, at end insert— |
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| | ‘(3) | In section 6 of the Child Maintenance and Other Payments Act 2008, after |
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| | “(2A) | The Secretary of State shall not levy any fees until the Commission has |
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| | achieved prescribed performance targets and standards set by the |
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| Clause 128, page 97, line 16, at end insert— |
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| | ‘(3) | In section 6 of the Child Maintenance and Other Payments Act 2008, after |
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| | “(2A) | Except in prescribed circumstances, the Secretary of State shall not levy |
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| | any fees on a parent whose income is below a prescribed level.”.’. |
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| Clause 128, page 97, line 16, at end insert— |
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| | ‘(3) | In section 6, subsection 2(g) of the Child Maintenance and Other Payments Act |
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| | 2008, after “fees”, insert “including, in particular, waiver of any fee where the |
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| | applicant has experienced domestic violence from the non-resident parent, which |
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| | may include physical, sexual, emotional and financial abuse.”.’. |
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| Clause 128, page 97, line 16, at end insert— |
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| | ‘(3) | In section 6, subsection 2(e) of the Child Maintenance and Other Payments Act |
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| | 2008, after “payable”, insert “, provided any collection fee is not levied before the |
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| | child support has been collected by the Commission”.’. |
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| Clause 128, page 97, line 16, at end insert— |
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| | ‘(3) | After section 1 of the Child Support Act 1991 insert— |
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| | “(1A) | The main objective of the Secretary of State, in applying the provisions |
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| | of this Act either directly or via the Commission shall be to maximise the |
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| | number of those children who live apart from one or both parents for |
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| | whom effective maintenance arrangements are in place.”.’. |
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| Clause 128, page 97, line 16, at end insert— |
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| | ‘(3) | Nothing in sections 129 to 131 of this Act shall cause the Commission to |
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| | undermine the objectives outline in section 2 of the Child Maintenance and Other |
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| Clause 128, page 97, line 16, at end insert— |
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| | ‘(3) | In section 9 subsection (3) of the Child Maintenance and Other Payments Act |
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| | “(e) | the extent to which it is fulfilling its objectives as set out in |
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| | section 2 of this Act.”.’. |
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| Clause 128, page 97, line 16, at end add— |
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| | ‘(3) | In section 6 of the Child Maintenance and Other Payments Act 2008, after |
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| | “(2A) | The Secretary of State shall not levy on a parent with care any fee in |
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| | respect of submitting an application, except in prescribed |
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| Clause 129, page 97, leave out lines 25 to 27 and insert— |
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| | ‘(b) | the parent with care wishes to pursue child maintenance through the |
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| | Commission and states clearly the reasons why.’. |
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| Clause 129, page 97, line 27, at end insert— |
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| | ‘(c) | the parent with care advises the Commission that the collection service is |
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| | necessary to ensure either that child support maintenance is paid in |
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| | accordance with the calculation or to protect her or her children from |
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| | physical, sexual, emotional or financial abuse.’. |
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| Clause 130, page 98, line 13, at end insert— |
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| | ‘(3A) | Where the non-resident parent has the ability to control the amount of income he |
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| | or she receives from a company or business, including earnings from employment |
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| | or self-employment, the indicative calculation in subsection (3) shall be made |
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| | taking into account all the income from that company or business, and on the |
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| | basis that section 11(7) applies.’. |
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| Clause 130, page 98, line 15, at end insert— |
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| | ‘(4A) | In notifying the applicant for an indicative calculation of the amount of child |
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| | support that would be fixed, the Commission shall also inform the applicant of |
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| | the circumstances when a variation to the standard calculation can be made |
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| | including where the non-resident parent has the ability to control the amount of |
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| | income he receives from a company or business, including earnings from |
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| | employment or self-employment.’. |
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| Clause 130, page 98, line 16, leave out subsection (5). |
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| Clause 130, page 98, line 23, at end insert— |
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| | ‘(6A) | Where a parent with care makes an application to the Commission under section |
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| | 4 of the Act within three months of receipt of an indicative maintenance |
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| | calculation under this section, any application fee which would otherwise be |
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| | charged by the Commision shall be reduced by any amount paid by the parent |
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| | with care for the said indicative maintenance calculation.’. |
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| Schedule 13, page 146, leave out line 29 and insert— |
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| | | | | | | | | | | | (a) | in the heading, the words “community |
| | | | | charge benefits and other”; |
| | | | | (b) | subsection (2), so far as not otherwise |
| | | | | | | | | | (c) | subsection (3)(b) and the preceding “and”.’ |
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| Schedule 13, page 152, leave out line 8 |
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| Schedule 13, page 154, line 32, at end insert— |
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| | ‘( ) | in subsection (2)(a), “Part 1 of”;’. |
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| Schedule 13, page 155, line 3, at end insert ‘and (4)’ |
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| Schedule 13, page 155, line 20, at end insert ‘, so far as not otherwise repealed’ |
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| Schedule 13, page 157, line 28, leave out ‘8(2A)’ and insert ‘8(2)(ca) and (d), |
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| Schedule 13, page 158, line 10, at end insert ‘and (7) and (8)’ |
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