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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 on Report in the House of Lords.

 The amendments have been marshalled in accordance with the instruction of 25th May 2000, as follows-- 
 Clause 1
Schedule 1
Clauses 2 to 6
Schedule 2
Clauses 7 to 15
Clauses 83 and 84
Schedule 8
Clauses 16 to 26
Schedule 3
Clauses 27 to 31
Schedule 4
Clauses 32 to 56
Schedule 5
Clauses 57 to 68
Schedule 6
Clause 69
Schedule 7
Clauses 70 to 82
Clauses 85 and 86
Schedule 9
Clauses 87 and 88
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Before Clause 1
 
  
BY THE LORD NORTHBOURNE
 
1     Insert the following new Clause-- 
 ("THE BASIC PRINCIPLES 
     .--(1)  The Child Support Act 1991 shall be amended as follows.
 
    (2)  In section 1, for subsection (1) there shall be substituted--
        (1)  For the purposes of this Act, notwithstanding any other rights of the child or duties of his parents, each parent of a qualifying child is responsible for maintaining him."")
The duty to maintain.
2*     Insert the following new Clause-- 
 ("The basic principles 
     .--(1)  The Child Support Act 1991 shall be amended as follows.
 
    (2)  After subsection (2) of section 1 there shall be inserted--
        (2A)  The payment of maintenance by a non-resident parent is without prejudice to any other obligations or duties he may have towards the child."")
Payment of maintenance.
3*     Insert the following new Clause-- 
 ("The basic principles 
     .--(1)  The Child Support Act 1991 shall be amended as follows.
 
    (2)  After subsection (3) of section 3 there shall be inserted--
        (3A)  Maintenance" means financial maintenance payments made by a non-resident parent and "maintaining" shall be construed accordingly."")
Meaning of "maintenance".
  
Clause 1
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
4     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.")
 
  
Schedule 1
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
5     Page 98, line 15, at beginning insert ("Subject to sub-paragraph (3)") 
6     Page 98, line 25, at end insert--
 
    ("(3)  There shall be an upper limit of child support maintenance of £200 per week for each qualifying child.")
 
7     Page 100, 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.")
 
8     Page 100, 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.")
 
9     Page 100, leave out lines 35 and 36 
  
Clause 2
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
10     Page 2, line 41, leave out subsection (2) 
11     Page 2, line 41, 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".")
 
12     Page 2, line 41, leave out subsections (2) and (3) and insert--
 
    ("(2)  In paragraph (a), the words "made before 5th April 1993" shall be omitted.")
 
13     Page 2, line 41, 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"")
 
14     Page 2, line 44, leave out from beginning to end of line 2 on page 3 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".")
 
15*     Page 3, line 1, leave out from ("but") to ("; or") in line 2 and insert ("the maintenance payments are not being made reliably and the parent with care wishes the matter to be dealt with by the Child Support Agency") 
16     Page 3, line 1, leave out ("one year") and insert ("six months") 
17     Page 3, line 2, 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."")
 
  
After Clause 2
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
18     Insert the following new Clause-- 
     ("  .  In section 8(3) of the 1991 Act (role of the courts with respect to maintenance for children), at the end there shall be inserted "unless an application for financial relief is before the county court".")Role of the courts: maintenance orders.
19     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).
20     Insert the following new Clause-- 
     ("  .  In section 8(3A) of the 1991 Act (role of the courts with respect to maintenance for children), after the words "section 4(10) or 7(10) prevents the making of an application for a maintenance assessment" insert "or where a maintenance order has been made under section 8(5)".")Court to consider variation.
  
Clause 3
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
21     Page 3, line 12, leave out ("may") and insert ("shall") 
22     Page 3, line 24, leave out from ("may") to ("(a") in line 25 and insert ("only fail to take the action required by him by subsection (3) if so asked by the parent") 
23     Page 3, line 25, after ("if") insert (", within 14 days of the parent receiving from the Secretary of State the notification required by subsection (4),") 
24     Page 3, line 30, leave out from ("(7)") to end of line 
  
Clause 4
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
25     Page 4, line 38, 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."")
 
  
Clause 5
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
26     Page 5, leave out lines 17 to 21 and insert ("shall make the application in writing") 
27     Page 5, leave out line 42 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.")
 
28     Page 6, line 2, leave out ("one of the conditions") and insert ("the condition") 
29     Page 6, line 5, leave out from ("The") to end of line 12 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.")
 
  
Schedule 2
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
THE EARL RUSSELL
 
30     Page 101, line 40, leave out ("may") and insert ("shall") 
31     Page 101, line 42, at end insert--
    ("(  )  so as to require, in any case where the maintenance calculation is to be made by reason of section 6, that any application for a variation is made within 14 days of the non-resident parent receiving notification that a maintenance calculation is to be performed;")
 
32     Page 102, line 34, leave out from ("means") to ("expenses") in line 35 and insert ("any") 
33     Page 102, 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") 
34     Page 102, 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") 
35     Page 102, 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);")
 
36     Page 102, line 45, at end insert ("and other relatives such as elderly parents") 
37     Page 103, line 9, leave out ("boarding") 
38     Page 103, line 12, leave out (", if he no longer has an interest in it,") 
39     Page 103, line 12, leave out ("he no longer has an interest in it, and") 
40     Page 103, 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") 
41     Page 103, 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")
 
42     Page 103, 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")
 
43     Page 103, line 15, at end insert--
    ("(  )  high housing costs;
    (  )  high costs of travel to work")
 
44     Page 103, line 24, leave out (""boarding") 
45     Page 103, 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") 
46     Page 104, 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.")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
 
47     Page 104, line 18, leave out sub-paragraph (2) 
 
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