Clause 16
Child Maintenance and Other Payments
11:45 am
Christopher Chope (Christchurch, Conservative)
With this it will be convenient to discuss the following amendments:
No. 48, in clause 16, page 7, line 22, at end insert—
‘(2) The Secretary of State must, before Schedule 4 comes into effect, publish a report, including statistical information, on the effect of using the following levels of income variation—
(a) 20% increase;
(b) 15% increase;
(c) 10% increase;
(d) 5% increase;
(e) 20% decrease;
(f) 15% decrease;
(g) 10% decrease;
(h) 5% decrease.’.
No. 49, in clause 16, page 7, line 22, at end insert—
‘(2) The Secretary of State must publish a report on the criteria which will apply to evidence brought before the Commission by a parent with care who wishes to appeal against a maintenance calculation.
(3) A Minister of the Crown must make a motion in each House of Parliament in relation to the report mentioned in subsection (2) before the coming into effect of Schedule 4.’.
No. 47, in clause 16, page 7, line 22, at end insert—
‘(2) The Secretary of State must publish a report, including statistical information, on the likely actual impact of the move from using net income for maintenance calculations to gross income.
(3) A Minister of the Crown must make a motion in each House of Parliament in relation to the report mentioned in subsection (2) before the coming into effect of Schedule 4.’.
No. 14, in clause 57, page 43, line 22, after ‘sections’, insert
‘16, [Duty of HM Revenue and Customs to ascertain financial circumstances of non-resident parent],’.
New clause 2—Duty of HM Revenue and Customs to ascertain financial circumstances of non-resident parent
‘(1) In section 11 of the Child Support Act 1991 (maintenance calculations) after subsection (6) insert—
“(6A) Where subsection (6) applies or an application for a variation under section 28 has been made by either the non-resident parent or the parent with care and any question arises concerning the income of the non-resident parent—
(a) HMRC shall take all reasonable steps to investigate and verify the financial circumstances of the non-resident parent in order to establish his income for the purposes of this Act or regulations made under it;
(b) the non-resident parent shall provide such information as is required by HMRC in order to verify the financial information submitted by him or on his behalf.”.
(2) After subsection (8) of that section insert—
“(8A) In this section “HMRC” means the Commissioners of Her Majesty’s Revenue and Customs.”’.
New clause 3—Enhanced enforcement to coincide with changes to the calculation of maintenance
‘When applying section 57 of this Act, the Secretary of State shall only implement the provisions contained in sections 19 to 28 inclusive of this Act on such day as the provisions contained in section 16 and [Duty of HM Revenue and Customs to ascertain financial circumstances of non-resident parent] of this Act also come into force.’.
New clause 6—Financial circumstances of non-resident parent
‘(1) In section 11 of the Child Support Act 1991 (maintenance calculations) after subsection (6) insert—
“(6A) Where subsection (6) applies or an application for a variation under section 28 has been made by either the non-resident parent or the parent with care and any question arises concerning the income of the non-resident parent—
(a) the Commission shall take all reasonable steps to investigate and verify the financial circumstances of the non-resident parent in order to establish his income for the purposes of this Act or regulations made under it;
(b) the non-resident parent shall provide such information as is required by the Commission in order to verify the financial information submitted by him or on his behalf.” ’.
New clause 14—Provision of information
‘Government departments, non-departmental public bodies and the Courts shall provide all such information as the Commission may reasonably request to—
(a) enable the Commission to form a correct maintenance assessment; and
(b) locate the address, workplace, or other places, where any parent who has an undischarged maintenance liability may be found.’.