Child Support, Pensions and Social Security Bill - continued        House of Lords
PART I, CHILD SUPPORT - continued
Voluntary payments - continued

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Recovery of child support maintenance by deduction from benefit.     21. For section 43 of the 1991 Act (contribution to maintenance by deduction from benefit) there shall be substituted-
 
 
"Recovery of child support maintenance by deduction from benefit.     43. - (1) This section applies where-
 
    (a) a non-resident parent is liable to pay a flat rate of child support maintenance (or would be so liable but for a variation having been agreed to), and that rate applies (or would have applied) because he falls within paragraph 4(1)(b) or (c) or 4(2) of Schedule 1; and
 
    (b) such conditions as may be prescribed for the purposes of this section are satisfied.
      (2) The power of the Secretary of State to make regulations under section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(p) (deductions from benefits) may be exercised in relation to cases to which this section applies with a view to securing that payments in respect of child support maintenance are made or that arrears of child support maintenance are recovered.
 
      (3) For the purposes of this section, the benefits to which section 5 of the 1992 Act applies are to be taken as including war disablement pensions and war widows' pensions (within the meaning of section 150 of the Social Security Contributions and Benefits Act 1992 (interpretation))."
 
Jurisdiction.     22. - (1) Section 44 of the 1991 Act (jurisdiction) shall be amended as follows.
 
      (2) In subsection (1), after "United Kingdom" there shall be inserted ", except in the case of a non-resident parent who falls within subsection (2A)".
 
      (3) After subsection (2) there shall be inserted-
 
 
    "(2A) A non-resident parent falls within this subsection if he is not habitually resident in the United Kingdom, but is-
 
 
    (a) employed in the civil service of the Crown, including Her Majesty's Diplomatic Service and Her Majesty's Overseas Civil Service;
 
    (b) a member of the naval, military or air forces of the Crown, including any person employed by an association established for the purposes of Part XI of the Reserve Forces Act 1996;
 
    (c) employed by a company of a prescribed description registered under the Companies Act 1985 in England and Wales or in Scotland, or under the Companies (Northern Ireland) Order 1986; or
 
    (d) employed by a body of a prescribed description."
      (4) Subsection (3) shall cease to have effect.
 
Abolition of the child maintenance bonus.     23. Section 10 of the Child Support Act 1995 (which provides for the child maintenance bonus) shall cease to have effect.
 
Periodical reviews.     24. Article 3(4) of the Social Security Act 1998 (Commencement No. 2) Order 1998 (which saved section 16 of the 1991 Act for certain purposes) is revoked; and accordingly that section shall cease to have effect for all purposes.
 
Regulations.     25. In section 52 of the 1991 Act (regulations and orders), for subsection (2) there shall be substituted-
 
 
    "(2) No statutory instrument containing (whether alone or with other provisions) regulations made under-
 
 
    (a) section 12(4) (so far as the regulations make provision for the default rate of child support maintenance mentioned in section 12(5)(b)), 28C(2)(b), 28F(2)(b), 30(5A), 41(2), 41A, 41B(6), 43(1), 44(2A)(d), 46 or 47;
 
    (b) paragraph 3(2) or 10A(1) of Part I of Schedule 1; or
 
    (c) Schedule 4B,

or an order made under section 45(1) or (6), shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
      (2A) No statutory instrument containing (whether alone or with other provisions) the first set of regulations made under paragraph 10 of Part I of Schedule 1 as substituted by section 1(3) of the Child Support, Pensions and Social Security Act 2000 shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament."
 
 
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