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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 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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| 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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| Schedule 13, page 158, line 18, at end insert— |
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| | ‘(c) | the definition of “training”.’ |
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| Schedule 13, page 158, line 21, leave out ‘and (b)’ |
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| Schedule 13, page 158, line 43, leave out from beginning to end of line 44 |
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| Schedule 13, page 163, line 30, second column, at beginning insert— |
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| Clause 136, page 100, line 3, at end insert— |
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| | ‘( ) | section [Recovery of fines etc by deductions from employment and |
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| | support allowance] (recovery of fines etc by deductions from |
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| | employment and support allowance) (but see section [Recovery of fines |
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| | etc by deductions from employment and support allowance](3));’. |
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| Clause 136, page 100, line 21, at end insert— |
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| | ‘( ) | section [Social Mobility and Child Poverty Commission] and Schedule |
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| | [Social Mobility and Child Poverty Commission] (Social Mobility and |
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| | Child Poverty Commission);’. |
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| | Information-sharing for prevention etc of tax credit fraud |
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| To move the following Clause:— |
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| | ‘(1) | Section 122B of the Social Security Administration Act 1992 (supply of |
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| | government information for fraud prevention etc) is amended as follows. |
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| | (2) | In subsection (2)(a), after “social security” there is inserted “or tax credits”. |
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| | (a) | in paragraph (b), after “1995” there is inserted “, the Tax Credits Act |
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| | (b) | in that paragraph, the final “or” is repealed, and |
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| | (c) | after paragraph (c) there is inserted “or |
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| | (d) | it is supplied under section 121 of the Welfare Reform |
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| | Recovery of fines etc by deductions from employment and support allowance |
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| To move the following Clause:— |
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| | ‘(1) | In section 24 of the Criminal Justice Act 1991 (recovery of fines etc by |
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| | deductions from benefits)— |
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| | (a) | in subsections (1) and (2)(d) the words “income-related” are repealed; |
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| | (b) | in subsection (4) the definition of “income-related employment and |
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| | support allowance” is repealed. |
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| | (2) | In Schedule 3 to the Welfare Reform Act 2007 (consequential amendments |
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| | relating to Part 1), paragraph 8(b) is repealed. |
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| | (3) | The repeals made by this section have effect as if they had come into force on 27 |
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| | Social Mobility and Child Poverty Commission |
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| To move the following Clause:— |
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| | ‘Schedule (Social Mobility and Child Poverty Commission) amends the Child |
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| | Poverty Act 2010 for the purpose of establishing the Social Mobility and Child |
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| | Matters to be considered before the imposition of a sanction or penalty |
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| To move the following Clause:— |
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| | ‘(1) | In respect of the imposition of a sanction under the Jobseeker’s Act 1995 or any |
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| | other provision or in the case of a penalty imposed under section 115C of the |
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| | Social Security Administration Act 1992 the Secretary of State or an authority |
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| | (a) | evidence of the physical condition of the claimant and his or her state of |
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| | (b) | evidence of the psychological state of health of the claimant; |
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| | (c) | evidence relating to the means and income of the claimant; |
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| | (d) | evidence relating to the accommodation occupied by the claimant and the |
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| | effect that the imposition of a sanction or penalty may have on the right |
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| | to occupy such accommodation; |
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| | (e) | the family circumstances of the claimant and the impact that it may have |
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| | on other family members and dependants; |
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| | (f) | evidence of the impact that a sanction or penalty may have on the ability |
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| | of the claimant to fulfil obligations to third parties including those |
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| | relating to the fulfilment of benefit entitlement conditions. |
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| | (2) | Before deciding whether to impose a sanction or penalty and shall only do so |
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| | where, having considered all the relevant circumstances, it is reasonable to do so. |
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| | (3) | Regarding evidence as to means the Secretary of State must consider— |
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| | (a) | the income of the claimant; |
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| | (b) | the capital of the claimant; |
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| | (c) | the expenditure of the claimant. |
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| | (4) | In order to facilitate the enquiry into the matters set out in subsection (1) the |
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| | Secretary of State or authority may— |
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| | (a) | arrange for a medical examination of the claimant; |
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| | (b) | obtain information from any agency holding relevant information on the |
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| | income and resources of the claimant; |
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| | (c) | receive evidence from any other person or persons with a knowledge of |
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| | the cicumstances of the claimant. |
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