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

back to previous amendments
 
  
After Clause 2
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
36     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.
37*     Insert the following new Clause-- 
 
        ("In section 8 of the 1991 Act (role of the courts with respect to maintenance for children), at the end of subsection (3) there shall be inserted--
    unless an application for financial relief between the parents of the child or children is before the court".")
Role of the courts: maintenance orders (No. 2).
38*     Insert the following new Clause-- 
     ("  . In section 8 of the 1991 Act (role of the courts with respect to maintenance for children), at the end of subsection (3) there shall be inserted--
    unless an application for maintenance by the parent with care of the child or children is under consideration by the court".")
Role of the courts: maintenance orders (No. 4).
39*     Insert the following new Clause-- 
     ("  . In section 8 of the 1991 Act (role of the courts with respect to maintenance for children), for subsections (1) to (3) there shall be substituted--
        (1)  A court may exercise powers to make, vary or revive a periodical payments order in relation to a child in the circumstances set out in subsection (2) below.
        (2)  The circumstances are as follows--
      (a)  the Secretary of State does not have jurisdiction to make an order under section 6;
      (b)  simultaneous with the periodical payments 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 of 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Act 1989 (lump sum payments or transfer of property orders etc) or the order is a variation or revival of an order originally made when one or more of such orders were made;
      (c)  prior to making any such periodical payments order it 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 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.
        (3)  Where there is an order made under subsection (2) above, any calculation under this Act shall be discharged and the Secretary of State shall not exercise any of his powers under this Act.".")
 
  
Clause 3
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
40*     Page 3, line 13, leave out ("or any other benefit of a prescribed kind") 
  
BY THE BARONESS BYFORD
 
41     Page 3, line 16, at end insert--
 
    ("(  )  All such claims shall be accompanied by identification documentation as follows--
    (a)  a Department of Social Security smart card,
    (b)  a current driving license,
    (c)  a current United Kingdom passport, or
    (d)  a Department of Social Security payment book.")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
42     Page 4, line 21, at end insert--
        ("(  )  Where the parent has complied with obligations imposed by this section, the Secretary of State shall be legally responsible for the confidentiality of information relating to her."")
 
  
Clause 4
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
43     Page 4, line 40, leave out from beginning to end of line 2 on page 5 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
44*     Page 5, line 2, at end insert--
 
    ("(6)  The regulations shall make provision for the calculation of the difference between the amount of child support maintenance paid by the non-resident parent pursuant to any default or interim maintenance decision and the amount of child support maintenance which would have been payable by the non-resident parent had the Secretary of State completed a maintenance calculation at the time of that default or interim maintenance decision.")
 
  
After Clause 4
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
45     Insert the following new Clause-- 
     ("  .  The Secretary of State shall by regulations provide that, in determining the entitlement of a parent with care or his partner (if any) to income support or income-based jobseekers allowance, there shall be disregarded as income the first £15 of any maintenance paid each week to the parent with care.")Determination of benefit entitlement: maintenance disregard.
  
Clause 5
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
46     Page 5, leave out lines 24 to 28 and insert ("shall make the application in writing") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
47*     Page 6, leave out line 3 and insert--
    ("(c)  that the non-resident parent could not in any event benefit from the effect of any variation which the Secretary of State might make.")
 
48*     Page 6, line 12, leave out ("one of the conditions") and insert ("the condition") 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
49     Page 6, line 14, at end insert ("provided always that no regular payments condition shall be imposed if the non-resident parent is unlikely to be able to make the payment in question") 
50*     Page 6, line 14, at end insert ("provided always that it shall be a defence against the imposition of a regular payments conditions that the non-resident parent was unable to make the payments in question and the decision on any such claim shall be taken in the courts") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
51*     Page 6, line 15, leave out from ("The") to end of line 22 and insert--
 
("condition is that the non-resident parent must make payments at the rate of--
    (a)  £30 per week where there is one qualifying child;
    (b)  £40 per week where there are two qualifying children; and
    (c)  £50 per week where there are three or more qualifying children")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
52     Page 7, line 38, leave out ("and") and insert ("or") 
53     Page 7, leave out lines 44 to 46 and insert--
 
    ("(a)  shall treat the welfare of the child as paramount; and")
 
  
Schedule 2
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
54     Page 93, line 33, at end insert ("and in reaching a decision whether the expenses in question constitute special expenses, the welfare of the child shall remain paramount") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
55*     Page 93, line 34, leave out from ("means") to ("expenses") in line 35 and insert ("any") 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
56     Page 93, line 43, at end insert ("which costs, for the avoidance of doubt, shall include all costs, including exceptionally high travel costs, exceptionally high housing costs, travel to work costs, illness or disability costs") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
57*     Page 93, line 43, at end insert ("which costs, for the avoidance of doubt, shall include all costs, including unreasonably high travel costs, unreasonably high housing costs, travel to work costs, illness or disability costs") 
58*     Page 93, line 43, at end insert--
    ("(  )  costs of travelling to work and expenses necessary in order to keep in work incurred by a non-resident parent with respect to whom the application for a maintenance calculation has been made (or treated as made);")
 
59*     Page 93, line 45, at end insert ("and other relatives such as elderly parents") 
60*     Page 94, line 9, leave out ("boarding") 
61     Page 94, line 12, leave out (", if he no longer has an interest in it,") 
62*     Page 94, line 12, leave out ("he no longer has an interest in it, and") 
63*     Page 94, line 15, at end insert (";  but in such cases where the non-resident parent keeps an interest in the matrimonial home of less than 50 per cent., the non-resident parent shall retain this benefit in recognition of payments made on the mortgage") 
64*     Page 94, line 15, at end insert--
    ("(  )  other essential living costs such as rent or housing costs and liabilities incurred in good faith prior to the relationship breakdown which may not have been for joint benefit but were taken on in the expectation that they would be affordable because the parties would stay together.")
 
65*     Page 94, line 15, at end insert--
    ("(  )  costs in respect of any handicapped child or child with other special needs;
    (  )  payments made by the parent with care or non-resident parent to support an elderly or invalid relative;
    (  )  substantial payments made by a parent towards joint debts incurred during the currency of the relationship;
    (  )  any bankruptcy of the non-resident parent or payments made under an individual voluntary arrangement;
    (  )  significant assets or earnings of the non-resident parent or the parent with care;
    (  )  significant earning capacity of the non-resident parent beyond his current earnings;
    (  )  significant costs of child care;
    (  )  any other circumstances")
 
66*     Page 94, line 15, at end insert--
    ("(  )  high housing costs;
    (  )  high costs of travel to work")
 
67*     Page 94, line 24, leave out ("boarding") 
68*     Page 94, line 24, after ("fees"") insert ("which meaning, for the avoidance of doubt, shall encompass all fees and costs involved in securing the education of that child, whether in an independent school or otherwise") 
69*     Page 95, line 2, at beginning insert--
 
    ("(A1)  A variation may be granted in any case where the Secretary of State is satisfied that the amount of weekly income calculated pursuant to regulations made in accordance with paragraph 10(1) of Schedule 1 does not genuinely reflect the financial resources and other benefits available to the non-resident parent.")
 
  
Clause 7
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
70     Page 8, line 40, leave out ("prescribed") 
  
Clause 10
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
71     Page 10, line 4, leave out ("an appeal tribunal") and insert ("a county court") 
72     Page 10, line 17, at end insert--
    ("(f) the level of the maintenance assessed")
 
73     Page 10, line 19, leave out ("and (b)") and insert (", (b) and (f)") 
74     Page 11, line 6, leave out ("an appeal tribunal") and insert ("a county court") 
75     Page 11, line 13, leave out ("appeal tribunal") and insert ("county court") 
  
After Clause 10
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
76     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.
  
Clause 13
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
77     Page 12, line 20, at end insert--
 
    ("(4A)  It is a defence for a person charged with an offence under subsection (3) that he has reasonably refused a scientific test to prove that the alleged parent is a parent of the child.")
 
  
Clause 14
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
78     Page 12, line 31, after ("inspector") insert ("shall receive full training and") 
  
Clause 15
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
79     Page 14, line 4, leave out ("that person's") and insert ("the child's") 
  
Clause 79
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
80     Page 84, line 31, leave out ("Lord Chancellor") and insert ("Secretary of State for Social Security") 
  
Clause 16
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
81     Page 14, line 18, at beginning insert ("in England and Wales") 
82     Page 14, line 19, at end insert ("or 38") 
83     Page 14, line 21, leave out ("a magistrates'") and insert ("the") 
  
BY THE LORD GOODHART
THE EARL RUSSELL
 
84     Page 14, line 30, at end insert (", to buy his food, to take his children to school, or to attend medical treatment") 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
85     Page 14, line 42, leave out from beginning to end of line 8 on page 15 and insert--
    ("(6) In this section "the court" means--
    (a) in England and Wales, a magistrates' court;
    (b) in Scotland, the sheriff.")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
86     Page 15, line 35, at end insert--
 
    ("(  )  Anyone deprived of a driving licence under this section shall be exempt from the Actively Seeking Work rules for the duration of the disqualification.")
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
87     Page 16, leave out lines 19 to 26 
88     Page 16, leave out lines 42 to 44 
89     Page 17, line 4, leave out ("40A(10)") and insert ("40A(8)") 
90     Page 17, line 4, at end insert--
 
    ("(  )  In section 164(5) of the Road Traffic Act 1988 (power of constables to require production of driving licence etc.), after "Road Traffic Offenders Act 1988" there shall be inserted ", section 40B of the Child Support Act 1991".
 
    (  )  In section 27(3) of the Road Traffic Offenders Act 1988 (offence of failing to produce a licence), for the word "then," there shall be substituted ", or if the holder of the licence does not produce it and its counterpart as required by section 40B of the Child Support Act 1991, then,".")
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
THE LORD STODDART OF SWINDON
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 16 stand part of the Bill. 
 
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