HL Deb 22 July 1991 vol 531 cc516-8

20 Clause 8, page 6, line 27, at end insert: '(6A) This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

  1. (a) a disability living allowance is paid to or in respect of him; or
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  2. (b) no such allowance is paid but he is disabled,
and the order is made solely for the purpose of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of any expenses attributable to the child's disability. (6B) For the purposes of subsection (6A), a child is disabled if he is blind, deaf or dumb or is substantially and permanently handicapped by illness, injury, mental disorder or congenital deformity or such other disability as may be prescribed.'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 20. In moving this amendment, I should like also to take Amendment No. 99.

During earlier discussions of the Bill a number of noble Lords—notably the noble Lords, Lord Carter and Lord Meston—asked about the Government's intentions where extra costs were involved where a child was disabled. I said that we were giving thought as to what was the best way of ensuring the interests of the child who is disabled while being fair to the parent who pays maintenance. This amendment is the outcome. It adds to the cases provided for by Clause 8 whereby the courts will be able to make awards of maintenance for children in certain circumstances in addition to any award of child support maintenance under the formula. It will mean that a person with care of a disabled child will be able to make such an application to the courts as well as being able to ask the child support agency to make a maintenance assessment for everyday living expenses. So a disabled child will not be excluded from the benefits of the new system but there will be the additional ability to apply to the courts for a top-up award. We thought carefully about the mechanism for this. We see the courts as being best placed to deal with the issue of extra maintenance, in special circumstances, for such costs. While there have been varying suggestions about the best way to deal with this important issue, there is widespread agreement that provision for these costs involves a large element of discretion because individual circumstances can vary so much.

The two amendments are designed to have that effect. I beg to move.

Moved, That the House do agree with the Commons in their Amendment No. 20.—(The Lord Chancellor.)

Baroness Elles

My Lords, from these Benches I thank the noble and learned Lord for introducing the amendment. It improves the Bill considerably in the light of what was said at the Committee stage and at other stages of the Bill's progress through this House.

Earl Russell

My Lords, I should like to associate those on these Benches with everything that the noble Baroness, Lady Elles, said.

Lord Mishcon

My Lords, so that I shall not be out of it, on behalf of my noble friend Lord Carter, I thank the noble and learned Lord for his explanation of the amendment and the other place for making it.

The Lord Chancellor

My Lords, I am grateful to my noble friend Lady Elles and to those noble Lords who have spoken for supporting the amendment. It has been a difficult matter. We have eventually got the correct solution to it. I am grateful for the support that the amendment has received.

On Question, Motion agreed to.