Clause 37
Child Maintenance and Other Payments Bill
10:30 am
James Plaskitt (Parliamentary Under-Secretary, Department for Work and Pensions; Warwick and Leamington, Labour)
I appreciate the hon. Member for Angus raising that point. I recognise that in Scotland children have different rights. However, our agreeing to his amendment would have at least one perverse outcome under the law that we are seeking to pass here and, for that reason, as well as others, I hope that he will reconsider. Let me expand on that.
As the hon. Gentleman has said, under Scots law courts can make orders for aliment to be paid in respect of a person until they are 25, where they are in education or training for employment or for a trade, profession or vocation. That measure is based on the age by which a person would normally be expected to have completed their education, including any trade apprenticeships, and no longer need parental support.
Under the Children Act 1989, the courts in England and Wales have the power to make orders for maintenance on an application by a person over 18 whose parents are separated and who is receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation. Thus orders for maintenance can be sought in England and Wales for a similar period that aliment might be sought in Scotland.
We would not want to widen the definition of “child” in the way in which the hon. Gentleman has suggested for child maintenance purposes to define young adults substantially older than the age of 20 as “children”. Doing so would extend maintenance dramatically for some young people. Furthermore, when a non-resident parent themselves falls within the meaning of “child” under the Act, they are exempt from paying maintenance. If the amendment were agreed to, legislation would have to be amended so that children born to parents up to age 24 would not have to wait until their non-resident parent reached 25 to get maintenance from them. Amending legislation in the way in which the hon. Gentleman has suggested would cause more complication to the system than we have now, and we want to avoid that. I hope the hon. Gentleman understands that and will withdraw his amendment.