§ Earl Russellasked Her Majesty's Government:
Whether, in the light of the trend towards equality of the sexes, the rules set out in Schedule 10 to the Social Security Contributions and Benefits Act 1992 should be reviewed in the light of the difficulties they create where care is shared between separated parents.
The Parliamentary Under-Secretary of State, Department of Social Security (Viscount Astor)Child Benefit is intended to be a contribution towards the costs of bringing up a child and is paid to the person with the primary responsibility for bringing up the child —usually the mother. It is possible for more than one person to satisfy the primary conditions of entitlement to Child Benefit. In such cases Schedule 10 to the Act provides a simple and practicable way of deciding the priority of rival claims. The schedule finds application most commonly in cases where the parents have separated and care of the children is shared. If the schedule does not confer priority upon either parent automatically, the parents may choose which of them shall receive the benefit. If they are unable to agree, then the matter is decided at the discretion of my right honourable friend the Secretary of State. A review of his decision is possible through the High Court in certain circumstances. The Government are satisfied that the legislation provides the fairest and most practicable way of dealing with what are often complex family situations.