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Amendments to the Child Support, Pensions and Social Security Bill

Child Support, Pensions and Social Security Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Child Support, Pensions and Social Security Bill to be moved in Committee in the House of Lords.

  
Schedule 1
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Page 89, line 7, at beginning insert--
 
    ("(  )  Where the amount of child support maintenance calculated exceeds such sum as may be prescribed ("the maximum sum"), the maximum sum shall be payable by the non-resident parent.")
 
     Page 89, line 7, at beginning insert--
 
    ("(A1)  Following the calculation of the amount payable by the non-resident parent, the Secretary of State shall determine the net weekly income of the parent with care in like manner to the determination of the net weekly income of the non-resident parent.
 
    (A2)  Where the net weekly income of the parent with care exceeds the net weekly income of the non-resident parent of the Secretary of State shall in such manner as may be prescribed reduce the amount of child support maintenance payable by the non-resident parent.
 
    (A3)  Where the non-resident parent is liable to pay child support maintenance to more than one person the provisions of sub-paragraph (A1) shall apply to each parent with care and the reductions in the amount payable provided for by sub-paragraph (A2) shall apply to the amounts payable to each of those parents with care in receipt of a net weekly income greater than that of the non-resident parent.")
 
     Page 90, line 5, leave out sub-paragraph (3) 
     Page 90, line 11, at end insert--
    ("(c)  receives any benefit, pension or allowance prescribed for the purposes of this paragraph; or
    (d)  either himself or his partner (if any) receives any benefit prescribed for the purposes of this paragraph.
    (2)  The benefits, pensions and allowances which may be prescribed for the purposes of sub-paragraph (1)(d) include those paid to the non-resident parent under the law of a place outside the United Kingdom.")
 
     Page 90, line 20, leave out paragraph 7 
     Page 91, line 32, at end insert--
 
    ("(3)  The regulations shall in any event provide that the net weekly income of the non-resident parent shall be reduced in the circumstances mentioned in sub-paragraph (4) and by the method mentioned in sub-paragraph (5), but subject to the limit mentioned in sub-paragraph (6).
 
    (4)  The circumstances referred to in sub-paragraph (3) are where the parent with care has a gross annual income from all sources for the most recently completed financial year of more than £25,000.
 
    (5)  The method referred to in sub-paragraph (3) is that for every pound by which the gross annual income of the parent with care exceeds £25,000 the net weekly income of the non-resident parent shall be reduced by one penny.
 
    (6)  The limit referred to in sub-paragraph (3) is that the net weekly income of the non-resident parent shall not be reduced by more than 50 per cent.
 
    (7)  The regulations shall in any event provide that net weekly income shall include both earned and unearned income.")
 
  
Clause 2
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill. 
  
After Clause 2
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Insert the following new Clause-- 
     ("  .  In section 8(3) of the 1991 Act, at the end there shall be inserted "unless an application for financial relief is before the county court".")Role of the courts: maintenance orders.
  
Schedule 2
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Page 94, line 12, leave out (", if he no longer has an interest in it,") 
  
Clause 10
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Page 10, line 4, leave out ("an appeal tribunal") and insert ("a county court") 
     Page 10, line 17, at end insert--
    ("(f) the level of the maintenance assessed")
 
     Page 10, line 19, leave out ("and (b)") and insert (", (b) and (f)") 
     Page 11, line 6, leave out ("an appeal tribunal") and insert ("a county court") 
     Page 11, line 13, leave out ("appeal tribunal") and insert ("county court") 
  
After Clause 10
 
  
BY THE LORD ASTOR OF HEVER
 
     Insert the following new Clause-- 
     ("  .--(1)  The Legal Aid (Scotland) Act 1986 shall be amended as follows.
 
    (2)  In paragraph 1 of Part I of Schedule 2, at the end there shall be inserted--

in the Child Support Appeal Tribunal.".")

Child Support Appeal Tribunal: availability of legal aid.
  
After Clause 17
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Insert the following new Clause-- 
 ("Other orders 
     . After section 39A of the 1991 Act there shall be inserted--Other orders.
 Enforcement powers of magistrates' court.     39AA.--(1)  In either of the circumstances mentioned in section 39A(1) the magistrates' court may of its own motion order such of the measures mentioned in subsection (2) as it thinks fit.
 
    (2)  The measures mentioned in subsection (1) are--
    (a)  an order that any welfare benefits that the liable person is in receipt of at the time of the application to be reduced by such amount as the court thinks fit;
    (b)  a warrant of execution in respect of any goods owned by the liable person;
    (c)  a home detention curfew of like effect to an order as could be made under the Crime and Disorder Act 1998; or
    (d)  a community service order.
    (3)  When making an application under section 39A the Secretary of State shall provide to the magistrates' court a statement setting out which welfare benefits the liable person is in receipt of and the amounts thereof."")
 
  
Clause 19
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
     Page 20, line 32, at end insert--
 
    ("(9A)  Where the parent with care has complied with obligations imposed by section 6 of the 1991 Act, the Secretary of State shall be legally responsible for the confidentiality of information relating to the parent with care.")
 
  
After Clause 37
 
  
BY THE BARONESS TURNER OF CAMDEN
 
     Insert the following new Clause-- 
     ("  .  The Secretary of State shall each year increase the basic retirement pension by not less than an amount equivalent to--
    (a)  the percentage increase in the general level of earnings during the preceding year; or
    (b)  the percentage increase in the retail prices index during the preceding year,
whichever is the greater.")
Increase of basic retirement pension.
  
After Clause 41
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     Insert the following new Clause-- 
     ("  .  Where rebates or extra monies are payable in respect of additional pensions they shall be applied as follows--
    (a) rebates shall be paid into contracted-out money purchase schemes; and
    (b) extra monies shall be applied to contracted-out salary-related schemes.")
Additional pensions: use of rebates and extra monies.
  
Clause 42
 
  
BY THE BARONESS TURNER OF CAMDEN
 
     Page 38, line 26, at end insert--
 
    ("(  )  After subsection (3)(b) there shall be inserted "and
    (c)  for member-nominated trustees to be selected only by the members of the scheme or their representatives.
    (3A)  Regulations may prescribe who is a representative for the purpose of subsection (3)(c)."")
 
  
Clause 43
 
  
BY THE LORD ASTOR OF HEVER
 
     Page 40, line 29, after ("if") insert ("in relation to that company") 
  
After Clause 45
 
  
BY THE LORD ASTOR OF HEVER
 
     Insert the following new Clause-- 
 ("Power to determine qualifying members 
     . In section 125(4) of the Pensions Act 1995, after paragraph (a), there shall be inserted--
    (aa)  determine who is to be treated as a qualifying member;"")
Power to determine qualifying members of occupational pension schemes.
 
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