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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 Marshalled List of Amendments to the Child Support, Pensions and Social Security Bill to be moved in Committee in the House of Lords.

     The amendments have been marshalled in accordance with the instruction of 19th April 2000, as follows-- 
 Clause 1
Schedule 1
Clauses 2 to 6
Schedule 2
Clauses 7 to 15
Clauses 79 and 80
Schedule 8
Clauses 16 to 26
Schedule 3
Clauses 27 to 31
Schedule 4
Clauses 32 to 55
Schedule 5
Clauses 56 to 66
Schedule 6
Clause 67
Schedule 7
Clauses 68 to 78
Clauses 81 and 82
Schedule 9
Clauses 83 and 84
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Before Clause 1
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
1     Insert the following new Clause-- 
     ("  .  For section 1(2) of the Child Support Act 1991 (duty to maintain) there shall be substituted--
 
    (2)  For the purposes of this Act, a non-resident parent shall be taken to have met his responsibility to maintain any qualifying child of his--
    (a)  by paying a calculation in accordance with the provisions of this Act; or
    (b)  by making payments in accordance with an order set out in subsection (2A) in the circumstances set out in subsection (2B).
    (2A)  The order referred to in subsection (2)(b) is an order for periodical payments to the child made under section 23(1)(d) of the Matrimonial Causes Act 1973 or paragraph 1(2)(a) or (b) of Schedule 1 to the Children Act 1989.
 
    (2B)  The circumstances referred to in subsection (2)(b) are that--
    (a)  the Secretary of State does not have jurisdiction to make a maintenance calculation under the provisions of section 6, and
    (b)  simultaneous with the periodical payments order, the court makes--
          (i)  an order under section 23(1)(a), (b) or (c) or section 24 of the Matrimonial Causes Act 1973; or
          (ii)  an order under paragraph 1(2)(c), (d) or (e) of Schedule 1 to the Children Act 1989 (lump sum payments or transfer of property orders etc);
or the order is a variation or revival of an order originally made when one or more such orders were made; and
    (c)  prior to making any such periodical payments order the court has considered the maintenance calculation that exists or could exist under section 11(1), departing from the quantum of such calculation only where it is in the interests of the child who is the subject of the periodical payments application to do so; and
    (d)  there is no regulation made by the Secretary of State providing for the termination of the operation of these provisions.
    (2C)  Where the court makes an order as set out in subsection (2A) and the conditions of subsection (2B) are met, any calculation under this Act shall be discharged and the Secretary of State shall not exercise any of his powers under this Act."")
The duty to maintain.
2     Insert the following new Clause-- 
     ("  .  In section 55(1) of the Child Support Act 1991--
    (a)  in paragraph (a), for "16" there shall be substituted "17", and
    (b)  for paragraph (b) there shall be substituted--
      (b)  he is receiving full-time education (including education to the conclusion of a first degree course);".")
Meaning of "child".
  
BY THE LORD NORTHBOURNE
 
3     Insert the following new Clause-- 
     ("  .  For section 1(1) of the Child Support Act 1991 there shall be substituted--
        (1)  For the purposes of this Act any person who is the mother or the father of a qualifying child is responsible insofar as they are able--
      (a)  to ensure that that child has the material support which it needs; and
      (b)  to provide or procure for that child the nurture, love, care, guidance and education which it needs.
        (1A)  In making provision for the nurture, love, care, guidance and education of the child both parents shall have regard to the principle that the best interests of the child are paramount.
        (1B)  The responsibilities of parents under subsection (1) have effect from the day the child is born till the day on which it attains the age of 18 years.
        (1C)  Except as otherwise provided by agreement in writing or by an enactment, parental responsibilities under subsection (1) are joint and several as between the father and the mother.
        (1D)  In fulfilling their responsibilities under subsection (1) parents shall be entitled to make use of such services and facilities as are provided by the state."")
The general duty.
4     Insert the following new Clause-- 
     ("  .  In section 3(2) of the Child Support Act 1991, at the end there shall be inserted--
    or if that parent is not contributing to the child's maintenance."")
Meaning of "absent parent".
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
5*     Insert the following new Clause-- 
     ("  .  In section 1 of the 1991 Act (the duty to maintain), for subsection (2) there shall be substituted--
        (2)  For the purposes of this Act, a non-resident parent shall be taken to have met his responsibility to maintain any qualifying child of his--
      (a)  by paying a calculation in accordance with the provisions of this Act; or
      (b)  by making payments in accordance with an order set out in subsection (2A) in the circumstances set out in subsection (2B).
        (2A)  The order referred to in subsection (2)(b) shall be an order for periodical payments to the child made under section 23 (1)(d) of the Matrimonial Causes Act 1973 or paragraph 1(2)(a) or (b) of Schedule 1 to the Children Act 1989.
        (2B)  The circumstances referred to in subsection (2)(b) are that--
      (a)  the Secretary of State does not have jurisdiction to make a maintenance calculation under the provisions of section 6 of the 1991 Act as amended; and
      (b)  simultaneously with the order, the court makes an order under section 23(1)(a), (b), (c), or section 24 of the Matrimonial Causes Act 1973 or an order under paragraph 1(2)(c), (d) or (e) of Schedule 1 to the Children Act 1989 (lump sum payments or transfer of property orders etc.), or the order is a variation of an order originally made when one or more of such orders were made.
        (2C)  Where the court makes an order of the sort listed in subsection (2A) and the conditions of subsection (2B) are met, any calculation under this Act shall be discharged and the Secretary of State shall not exercise any of his powers under this Act."")
The duty to maintain (No. 2).
  
Clause 1
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
6*     Page 2, line 11, leave out ("one month") and insert ("two months") 
7*     Page 2, line 28, at end insert--
 
    ("(  )  The Secretary of State shall report annually to Parliament on the change to the number and qualification of maintenance variations that have been made in the preceding year.")
 
8*     Page 2, line 28, at end insert--
 
    ("(  )  Any change in the nature and qualification of maintenance variations shall be agreed and ratified by Parliament before a change can be implemented.")
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
9     Page 2, line 34, leave out from beginning to ("and") in line 39 
10     Page 2, line 40, leave out ("in connection with any other assessment of maintenance") 
  
Schedule 1
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
11     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.")
 
12     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 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.")
 
13*     Page 89, leave out lines 15 to 19 and insert--
 
    ("(1)  The Secretary of State shall by order make provision for such percentage of the non-resident parent's net weekly income to be the basic weekly rate of child support maintenance ("the basic rate") as he considers appropriate.
 
    (1A)  An order under sub-paragraph (1) shall make different provision where the non-resident parent has--
    (a)  one qualifying child;
    (b)  two qualifying children;
    (c)  three or more qualifying children.")
 
14*     Page 89, line 15, at beginning insert ("Subject to sub-paragraph (3),") 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
15     Page 89, line 20, leave out sub-paragraph (2) and insert--
 
    ("(2)  Where the non-resident parent also has one or more relevant other children--
    (a)  the total number of children cared for shall be calculated in accordance with paragraph (b);
    (b)  the number referred to in paragraph (a) shall be calculated by adding together the number of qualifying children and the number of relevant other children;
    (c)  there shall be calculated in accordance with paragraph (d) a sum for deemed child care liabilities;
    (d)  the amount referred to in paragraph (c) shall be calculated by application of the rates in sub-paragraph (1) to the total number of children cared for;
    (e)  the basic rate shall be deemed child care liability divided by the number of qualifying children.")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
16*     Page 89, line 21, leave out from ("(1)") to end of line 25 and insert ("shall be reduced by such percentage as the Secretary of State shall prescribe by order.") 
17*     Page 89, line 25, at end insert--
 
    ("(3)  There shall be an upper limit of child support maintenance of £400 per week for each qualifying child.")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
18     Page 89, line 37, leave out from ("less") to end of line 41 
19     Page 90, line 3, leave out paragraph (c) 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
20     Page 90, line 5, leave out sub-paragraph (3) 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
21     Page 90, line 10, leave out paragraph (a) and insert--
    ("(a)  is a student in full-time education at an educational establishment in the United Kingdom; or")
 
22     Page 90, line 10, at end insert--
    ("(  )  is serving a term of imprisonment at a prison in the United Kingdom; or")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
23     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.")
 
24     Page 90, line 20, leave out paragraph 7 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
25     Page 91, line 14, at end insert--
 
    ("(3)  Where the shared care ceases, amendments to maintenance shall be backdated to the date of cessation of shared care.")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
26     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.")
 
  
BY THE LORD GOODHART
THE EARL RUSSELL
 
27     Page 91, leave out lines 33 to 45 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
28*     Page 91, leave out lines 35 and 36 
  
Clause 2
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
29*     Page 3, line 3, leave out subsection (2) 
30*     Page 3, line 3, leave out subsection (2) and insert--
 
    ("(2)  For paragraph (a) there shall be substituted--
    (a)  subject to subsection (13) below, there is in force a written maintenance agreement or a maintenance order, in respect of that child or those children and the person who is, at that time, the absent parent; or".")
 
31*     Page 3, line 3, leave out subsections (2) and (3) and insert--
 
    ("(2)  In paragraph (a) the words "made before 5th April 1993" shall be omitted.")
 
32*     Page 3, line 3, leave out subsections (2) and (3) and insert--
 
    ("(2)  In paragraph (a) for "made before 5th April 1993, or a maintenance order," there shall be substituted "or maintenance order made at any time"")
 
33*     Page 3, leave out lines 6 to 9 and insert--
    (""(aa)  there is in force an order for periodical payments to the child made under section 23(1)(d) of the Matrimonial Causes Act 1973 or paragraph 1(2)(a) or (b) of Schedule 1 to the Children Act 1989 and--
          (i)  the Secretary of State does not have jurisdiction to make a maintenance calculation under the provisions of section 6, and
          (ii)  simultaneously with the order, the court makes an order under section 23(1)(a), (b), (spousal maintenance orders etc.) or (c), or section 24 of the Matrimonial Causes Act 1973 or an order under paragraph 1(2)(c), (d) or (e) of Schedule 1 to the Children Act 1989 (lump sum payments or transfer of property orders etc.), or the order is a variation of an order originally made when one or more of such orders were also made".")
 
34*     Page 3, line 8, leave out ("one year") and insert ("six months") 
35*     Page 3, line 9, at end insert--
 
    ("(4)  At the end there shall be inserted--
        (13)  Where a written maintenance agreement is declared by the Secretary of State following an application made to him by the parent with care to be an improper agreement, subsection (10) shall not apply to that agreement.
        (14)  The Secretary of State may by regulations make provision for the determination by him of applications for a declaration that a written maintenance agreement is an improper agreement on the grounds that such agreement was made following duress or undue influence.
        (15)  Such regulations as are mentioned in subsection (14) above shall include the manner in which applications are to be made, the manner in which the absent parent may make representations as to the application and the criteria by which the Secretary of State will determine such applications."")
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill. 
 
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