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| | New Amendments handed in are marked thus  |
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| |  Amendments which will comply with the required notice period at their next appearance
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| | | The Amendments have been arranged in accordance with the Order of the |
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| | Clause 102, page 67, leave out lines 22 and 23. |
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| | Clause 102, page 67, line 43, at end insert— |
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| | | ‘(8) | In prescribed circumstances, overpayments shall not be recoverable.’. |
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| | Clause 102, page 67, line 43, at end insert— |
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| | | ‘(8) | Official error overpayments of benefits by local authorities, HMRC or the |
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| | | Department of Work and Pensions, that occur when the claimants could not |
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| | | reasonably have been expected to know they were being overpaid, cannot be |
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| | Clause 102, page 69, leave out lines 19 and 20. |
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| | Clause 102, page 70, leave out lines 1 and 2. |
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| | Page 67, line 8, leave out Clause 102. |
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| | Page 70, line 35, leave out Clause 103. |
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| | Page 71, line 1, leave out Clause 104. |
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| | Clause 111, page 74, line 36, leave out ‘an’ and insert ‘a significant’. |
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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) | 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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