HC Deb 08 December 1942 vol 385 cc1415-6
9. Mr. Bellenger

asked the Secretary of State for War whether he is now in a position to make a statement regarding the position of men under compulsory stop pages from their pay in connection with court orders?

Sir J. Grigg

I have had this question under consideration, and I have decided to make certain concessions in the amount payable by soldiers in these circumstances. The subject is too intricate for a short answer, and I will, with my hon. Friend's permission, circulate a statement in the OFFICIAL REPORT.

Following is the statement:

(a) Soldier with a single liability to a separated or divorced wife with court order.

The court order will be met first by a compulsory stoppage from the soldier's pay up to the amount of the qualifying allotment he would have made if family allowance had been admissible. If necessary this compulsory stoppage will then be supplemented by a grant from Army Funds at a rate not exceeding such amount of family allowance plus a con- tribution to allotment from Army Funds as would have been admissible had the parties not been separated. (This grant plus the compulsory stoppage from the soldier's pay will not exceed the amount of the court order.) If the court order is still not completely met, then the soldier will provide the balance by an additional compulsory stoppage up to three-fourths (or two-thirds according to rank) of his pay, with a limit in respect of this liability, leaving him 1s. a day.

(b) Soldier with a dual liability to a separated or divorced wife with court order and to an unmarried dependant living as a wife.

The legal wife's claim has priority and will be met by compulsory stoppage, up to the limit indicated above, if this is necessary to meet the amount of the court order. If such stoppage still falls short of the amount of the court order, it will be supplemented by a grant from Army Funds of such an amount as will enable the wife to receive such total sum, not exceeding the amount of family allowance, plus qualifying allotment, plus the contribution from Army Funds to allotment, as would have been payable if there had been no separation or divorce. (This grant plus the compulsory stoppage from the soldier's pay will not exceed the amount of the court order.) The soldier's normal qualifying allotment required for the issue of special dependants' allowance to the unmarried dependant living as a wife will be met from any balance of pay left in excess of 1s. a day to the soldier. Any further sum required to make up the full normal qualifying allotment will be paid from Army Funds, in addition to the contribution from Army Funds to allotment and special dependants' allowance.

(c) Affiliation orders.

The soldier will be liable to meet the orders by compulsory stoppage of pay within the limits shown above.

Similar arrangements will be made in, the Royal Navy and the Royal Air Force.