Child Maintenance and Other Payments Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Child Maintenance and Other Payments Bill

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.
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(b)
in Scotland, a legal representative.
(6)
This section does not apply if the court dealing with the proceedings so
directs.
49C
Meaning of “family proceedings”
(1)
In section 49B, “family proceedings” means any of the following
5
proceedings commenced on or after the day on which that section
comes into force—
(a)
proceedings for ancillary relief (within the meaning of
subsection (2));
(b)
proceedings under section 17 of the Married Women’s Property
10
Act 1882 (questions between husband and wife as to property);
(c)
proceedings under any of the following provisions of the 1973
Act—
(i)
section 27 (financial provision in cases of neglect to
maintain);
15
(ii)
section 35 (alteration of maintenance agreements);
(d)
proceedings under Part 1 of the Domestic Proceedings and
Magistrates’ Courts Act 1978 (powers of court to make orders
for financial provision);
(e)
proceedings relating to orders for financial provision within the
20
meaning of section 8 of the Family Law (Scotland) Act 1984;
(f)
proceedings relating to an action for aliment within the
meaning of section 2 of that Act;
(g)
proceedings under Part 3 of the Matrimonial and Family
Proceedings Act 1984 (financial relief in England and Wales
25
after overseas divorce etc.);
(h)
proceedings under Schedule 1 to the Children Act 1989
(financial provision for children);
(i)
proceedings under sections 33 to 40 of the Family Law Act 1996
(occupation orders);
30
(j)
proceedings under any of the following provisions of the 2004
Act—
(i)
section 66 (disputes between civil partners about
property);
(ii)
paragraph 41 of Schedule 5 (orders where failure to
35
maintain);
(iii)
paragraph 69 of Schedule 5 (alteration of maintenance
agreements by the court);
(iv)
Schedule 6 (financial relief in magistrates’ courts etc.);
(v)
Schedule 7 (financial relief in England and Wales after
40
overseas dissolution etc. of a civil partnership).
(2)
In subsection (1), “ancillary relief” means any of the following—
(a)
an order under section 37(2)(b) or (c) of the 1973 Act or
paragraph 74(3) or (4) of Schedule 5 to the 2004 Act (avoidance
of disposition orders);
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(b)
any of the orders mentioned in section 21(1) of the 1973 Act
(except an order under section 27(6) of that Act) or any of the
orders mentioned in paragraph 2(1) of Schedule 5 to the 2004

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Act (financial provision orders) made under Part 1 of that
Schedule;
(c)
an order under section 22 of the 1973 Act (orders for
maintenance pending suit);
(d)
an order under paragraph 38 of Schedule 5 to the 2004 Act
5
(orders for maintenance pending outcome of proceedings);
(e)
any of the orders mentioned in section 21(2) of the 1973 Act or
any of the orders mentioned in paragraph 7(1) of Schedule 5 to
the 2004 Act (property adjustment orders);
(f)
an order under section 31 of the 1973 Act or an order under Part
10
11 of Schedule 5 to the 2004 Act (variation orders);
(g)
an order under section 24B of the 1973 Act or an order under
paragraph 15 of Schedule 5 to the 2004 Act (pension sharing
orders).
(3)
The Secretary of State may by order amend this section so as to provide
15
that “family proceedings” in section 49B includes proceedings of a
description specified in the order, other than proceedings commenced
before the day on which the order comes into force.
(4)
An order under subsection (3) may be made only with the consent of
the Lord Chancellor.
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(5)
In this section—
“the 1973 Act” means the Matrimonial Causes Act 1973;
“the 2004 Act” means the Civil Partnership Act 2004.”
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Disclosure of information to credit reference agencies
After section 49C of the Child Support Act 1991 (c. 48) (inserted by section 39
25
of this Act) insert—
“49D
Disclosure of information to credit reference agencies
(1)
Subject to subsection (3), the Commission may supply qualifying
information to a credit reference agency for use for the purpose of
furnishing information relevant to the financial standing of
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individuals.
(2)
The reference in subsection (1) to qualifying information is to
information which—
(a)
is held by the Commission for the purposes of this Act,
(b)
relates to a person who is liable to pay child support
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maintenance, and
(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.
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(4)
No provision may be made under section 14(3) authorising the supply
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.”

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Pilot schemes
After section 51 of the Child Support Act 1991 insert—
“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.
5
(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”.
(3)
A pilot scheme may provide that its provisions are to apply only in
relation to—
(a)
one or more specified areas or localities;
10
(b)
one or more specified classes of person;
(c)
persons selected by reference to prescribed criteria, or on a
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
15
period.
(5)
A pilot scheme may be replaced by a further pilot scheme making the
same or similar provision.”
42
Meaning of “child”
For section 55 of the Child Support Act 1991 (c. 48) substitute—
20
“55
Meaning of “child”
(1)
In this Act, “child” means (subject to subsection (2)) a person who—
(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.
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(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.
(3)
For the purposes of subsection (2), “marriage” and “civil partnership”
include a void marriage and a void civil partnership respectively.”
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Extinction of liability in respect of interest and fees
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Any outstanding liability in respect of the following is extinguished—
(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).
44
Use of information
35
Schedule 6 (which makes provision about the use of information for purposes
of public administration) has effect.

Child Maintenance and Other Payments Bill
Part 4 — Lump sum payments: mesothelioma etc.
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45
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
liable to maintain another person if that other person is—
5
(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,
substitute “subsection (3)(b) shall not apply”.
10
Part 4
Lump sum payments: mesothelioma etc.
Mesothelioma lump sum payments
46
Lump sum payments
(1)
A claim for a payment under this Part may be made by—
15
(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
the conditions of entitlement in section 47 are fulfilled.
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(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.
(4)
In this Part—
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“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.),
a payment may be claimed by two or more persons, the payment is to be made
30
to one of them or divided between some or all of them as the Secretary of State
thinks fit.
47
Conditions of entitlement
(1)
In the case of a person who has diffuse mesothelioma, the conditions of
entitlement are—
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(a)
that no payment within subsection (3) has been made in consequence
of the disease;
(b)
that the person is not eligible for any payment in consequence of the
disease that is of a description prescribed by regulations;
(c)
that such requirement, if any, as may be prescribed by regulations as to
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the person’s connection with the United Kingdom is satisfied.

Child Maintenance and Other Payments Bill
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(2)
In the case of a dependant of a person who, immediately before death, had
diffuse mesothelioma, the conditions of entitlement are—
(a)
that no payment within subsection (3) has been made in consequence
of the disease to that or another dependant or to the deceased or the
deceased’s personal representatives;
5
(b)
that the dependant is not, and the deceased was not, eligible for any
payment in consequence of the disease that is of a description
prescribed by regulations;
(c)
that such requirement, if any, as may be prescribed by regulations as to
the deceased’s connection with the United Kingdom is satisfied.
10
(3)
The payments referred to in subsections (1)(a) and (2)(a) are—
(a)
a payment under this Part or under corresponding provision made for
Northern Ireland;
(b)
a payment under the 1979 Act or under corresponding provision made
for Northern Ireland;
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(c)
an extra-statutory payment;
(d)
damages or a payment in settlement of a claim for damages;
(e)
a payment of a description prescribed by regulations.
(4)
A payment is to be disregarded for the purposes of subsection (1)(a) or (2)(a) if
it has been, or is liable to be, repaid—
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(a)
under section 49 of this Act or under corresponding provision made for
Northern Ireland;
(b)
under section 5 of the 1979 Act or under corresponding provision made
for Northern Ireland;
(c)
under the terms of an extra-statutory payment;
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(d)
in circumstances prescribed for the purposes of this section by
regulations.
(5)
In this section “extra-statutory payment” has the meaning given by section
1A(5)(d) of the Social Security (Recovery of Benefits) Act 1997 (c. 27).
48
Determination of claims
30
(1)
A claim under section 46 must be made in the manner and within the period
prescribed by regulations.
(2)
Regulations may prescribe different periods for different cases or classes of
cases or for different circumstances.
(3)
Regulations may in particular provide that no claim may be made in cases
35
where the prescribed period expired before the commencement of section 46
(or would have done but for any discretion to extend it).
(4)
The Secretary of State may, before determining any claim under section 46,
appoint a person to inquire into any question arising on the claim, or any
matters arising in connection with it, and to report on the question, or on those
40
matters, to the Secretary of State.
49
Reconsideration
(1)
Subject to subsection (2), the Secretary of State—

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(a)
may reconsider a determination that a payment should not be made
under this Part, on the ground that there has been a material change of
circumstances since the determination was made; and
(b)
may reconsider a determination either that a payment should or that a
payment should not be made under this Part, on the ground that the
5
determination was made in ignorance of, or was based on a mistake as
to, a material fact.
(2)
Regulations must prescribe the manner in which and the period within
which—
(a)
an application may be made to the Secretary of State for reconsideration
10
of a determination; or
(b)
the Secretary of State may institute such a reconsideration without an
application.
(3)
Section 48(4) applies in relation to any reconsideration of a determination
under this section as it applies in relation to the determination of a claim.
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(4)
Subsection (5) applies if—
(a)
whether fraudulently or otherwise, any person misrepresents or fails to
disclose any material fact, and
(b)
in consequence of the misrepresentation or failure, a payment is made
under this Part.
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(5)
The person to whom the payment was made is liable to repay the amount of
that payment to the Secretary of State unless that person can show that the
misrepresentation or failure occurred without that person’s connivance or
consent.
(6)
Except as provided by subsection (5), no payment under this Part is
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recoverable by virtue of a reconsideration of a determination under this
section.
(7)
Any sums repaid to the Secretary of State by virtue of subsection (5) are to be
paid into the Consolidated Fund.
50
Appeal to appeal tribunal
30
(1)
A person who has made a claim under section 46 may appeal against a
determination made by the Secretary of State—
(a)
on the claim, or
(b)
on reconsideration under section 49 of a determination made on the
claim.
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(2)
Subject to regulations under subsection (4)(c), the Secretary of State must refer
any appeal to an appeal tribunal constituted under Chapter 1 of Part 1 of the
Social Security Act 1998 (c. 14).
(3)
On an appeal the tribunal may substitute for the determination concerned any
determination which could have been made in accordance with this Part.
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(4)
Regulations may make provision—
(a)
as to the manner in which, and the time within which, an appeal may
be made;
(b)
as to the procedure to be followed if an appeal is made;

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(c)
for the purpose of enabling an appeal under subsection (1)(a) to be
treated as an application for reconsideration under section 49 of the
determination made on the claim.
51
Appeal to Social Security Commissioner
(1)
An appeal may be made to a Commissioner against any decision of an appeal
5
tribunal under section 50 on the ground that the decision was erroneous in
point of law.
(2)
An appeal under this section may be made by—
(a)
the Secretary of State, or
(b)
the person who brought the appeal under section 50.
10
(3)
Section 14(7) to (12) of the Social Security Act 1998 (c. 14) apply to an appeal
under this section as they apply to an appeal under section 14 of that Act
(reading references to a tribunal as references to an appeal tribunal constituted
as mentioned in section 50(2)).
(4)
In this section “Commissioner” has the same meaning as in Chapter 2 of Part 1
15
of the Social Security Act 1998.
52
Minors and people who lack capacity
(1)
This section applies where a payment under this Part falls to be made to—
(a)
a person aged under 18, or
(b)
a person who lacks capacity within the meaning of the Mental Capacity
20
Act 2005 (c. 9) (or, in Scotland, who is incapable within the meaning of
the Adults with Incapacity (Scotland) Act 2000 (asp 4)) in relation to
financial matters.
(2)
Subject to section 46(5) the payment is to be made for that person’s benefit by
paying it to such trustees as the Secretary of State may appoint.
25
(3)
The trustees are to hold the payment on such trusts or, in Scotland, for such
purposes and on such conditions as the Secretary of State may declare.
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Regulations: Part 4
(1)
A reference in this Part to regulations is a reference to regulations made by the
Secretary of State.
30
(2)
The power to make regulations under this Part—
(a)
is exercisable by statutory instrument;
(b)
includes power to make such incidental, supplementary or transitional
provision as the Secretary of State thinks fit;
(c)
may be exercised so as to provide for a person to exercise a discretion
35
in dealing with any matter.
(3)
No regulations may be made under section 46 unless a draft of the statutory
instrument containing the regulations has been laid before, and approved by a
resolution of, each House of Parliament.
(4)
A statutory instrument that—
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(a)
contains regulations under this Part, and