Prevention of maintenance avoidance by non-resident parents

‘(1) The Secretary of State shall by regulations provide that—

(a) where the Commission is satisfied that—

(i) a person has deprived himself of income or capital with the effect that his gross weekly income is reduced; and

(ii) the effect of that deprivation is to reduce the amount of his gross income by at least 25 per cent below that which it would otherwise have been; and

(iii) in all the circumstances of the case it would be reasonable to do so;

his gross weekly income shall be taken to include income from that source of an amount estimated by the Commission.

(b) in determining what is reasonable under sub-paragraph (1)(a)(iii) above, the Commission shall regard the person’s obligation to support his children of paramount importance.

(2) The Secretary of State may by regulations provide that, in such circumstances and to such an extent as may be prescribed—

(a) a person is to be treated as possessing income which he does not possess; and

(b) income which a person does possess is to be disregarded.’.—[Andrew Selous.]

Brought up, and read the First time.

Motion made, and Question put, That the clause be read a Second time:—

The Committee divided: Ayes 6, Noes 10.

Division number 20 - 6 yes, 10 no

Voting yes: Mark Harper, Stewart Jackson, John Penrose, Paul Rowen, Andrew Selous, Michael Weir

Voting no: Michael Clapham, Wayne David, Natascha Engel, Nia Griffith, Stephen Hesford, Siân James, Anne McGuire, Albert Owen, James Plaskitt, Desmond Turner

Question accordingly negatived.