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

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Amendments.     26. Schedule 3 (amendment of enactments) shall have effect.
 
Temporary compensation payment scheme.     27. - (1) This section applies where-
 
 
    (a) a maintenance assessment is made before a prescribed date following an application for one under section 4, 6 or 7 of the 1991 Act; or
 
    (b) a fresh maintenance assessment has been made following either a periodic review under section 16 of the 1991 Act or a review under section 17 of that Act (as they had effect before their substitution by section 40 or 41 respectively of the Social Security Act 1998),

and the effective date of the assessment is earlier than the date on which the assessment was made, with the result that arrears of child support maintenance have become due under the assessment.
      (2) The Secretary of State may in regulations provide that this section has effect as if it were modified so as-
 
 
    (a) to apply to cases of arrears of child support maintenance having become due additional to those referred to in subsection (1);
 
    (b) not to apply to any such case as is referred to in subsection (1).
      (3) If this section applies, the Secretary of State may in prescribed circumstances agree with the absent parent, on terms specified in the agreement, that-
 
 
    (a) the absent parent will not be required to pay the whole of the arrears, but only some lesser amount; and
 
    (b) the Secretary of State will not, while the agreement is complied with, take action to recover any of the arrears.
      (4) The terms which may be specified are to be prescribed in or determined in accordance with regulations made by the Secretary of State.
 
      (5) An agreement may be entered into only if it is made before 1st April 2002 and expires before 1st April 2003.
 
      (6) If the absent parent enters into such an agreement, the Secretary of State may, while the absent parent complies with it, refrain from taking action under the 1991 Act to recover the arrears.
 
      (7) Upon the expiry of the agreement, if the absent parent has complied with it-
 
 
    (a) he ceases to be liable to pay the arrears; and
 
    (b) the Secretary of State may make payments of such amounts and at such times as he may determine to the person with care.
      (8) If the absent parent fails to comply with the agreement he becomes liable to pay the full amount of any outstanding arrears (as well as any other amount payable in accordance with the assessment).
 
      (9) The Secretary of State may by regulations provide for this section to have effect as if there were substituted for the dates in subsection (5) such later dates as are prescribed.
 
      (10) In this section, "prescribed" means prescribed in regulations made by the Secretary of State.
 
      (11) Regulations under this section shall be made by statutory instrument.
 
      (12) No statutory instrument containing regulations under subsection (9) is to be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament; but otherwise a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
Pilot schemes.     28. - (1) Any regulations made under-
 
 
    (a) provisions inserted or substituted in the 1991 Act by this Part of this Act (or Schedule 1, 2 or 3); and
 
    (b) in so far as they are consequential on or supplementary to any such regulations, regulations made under any other provisions in the 1991 Act,

may be made so as to have effect for a specified period not exceeding 12 months.
      (2) Any 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;
 
    (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 period.
 
      (5) A pilot scheme ("the previous scheme") may be replaced by a further pilot scheme making the same provision as that made by the previous scheme (apart from the specified period), or similar provision.
 
      (6) A statutory instrument containing (whether alone or with other provisions) a pilot scheme shall not be made unless a draft of the instrument has been laid before Parliament and approved by resolution of each House of Parliament.
 
Interpretation, transitional provisions, savings, etc.     29. - (1) In this Part, "the 1991 Act" means the Child Support Act 1991.
 
      (2) The Secretary of State may in regulations make such transitional and transitory provisions, and such incidental, supplementary, savings and consequential provisions, as he considers necessary or expedient in connection with the coming into force of this Part or any provision in it.
 
      (3) The regulations may, in particular-
 
 
    (a) provide for the amount of child support maintenance payable by or to any person to be at a transitional rate (or more than one such rate successively) resulting from the phasing-in by way of prescribed steps of any increase or decrease in the amount payable following the coming into force of this Part or any provision in it;
 
    (b) provide for a departure direction or any finding in relation to a previous determination of child support maintenance to be taken into account in a decision as to the amount of child support maintenance payable by or to any person.
      (4) Section 175(3) and (5) of the Social Security Contributions and Benefits Act 1992 (supplemental power in relation to regulations) applies to regulations made under this section as it applies to regulations made under that Act.
 
      (5) The power to make regulations under this section is exercisable by statutory instrument.
 
      (6) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
 
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