§ Dr. FrancisTo ask the Secretary of State for Work and Pensions what strategies exist for the Child Support Agency to ensure that those who are self-employed can be compelled to pay maintenance for their children; and if he will make a statement. [124025]
§ Mr. PondThe administration of the Child Support Agency is a matter for the Chief Executive, Mr. Doug Smith. He will write to the hon. Member.
Letter from Doug Smith to Dr. Francis, dated 11 July 2003:
The Secretary of State for Work and Pensions in replying to your recent Parliamentary question about the Child Support Agency promised a substantive reply from the Chief Executive.You ask what strategies exist for the Child Support Agency to ensure that those who are self-employed can be compelled to pay maintenance for their children; and if he will make a statement.In these circumstances the non resident parent will be approached by a caseworker who will seek to reach an agreement on payment which is acceptable to all parties. If that does not prove possible, the caseworker will make a decision on the most appropriate payment arrangement, having regard to all relevant facts and will seek the agreement of the non resident parent to that. If that is not agreed the Agency may apply to the Magistrates Court for a Liability Order, which is required before we can take any formal enforcement proceedings.If the Court has granted a Liability Order, we may then try to recover the debt by one or more of the following actions:
- (a) Levying of distress involving the use of Bailiffs
- (b) Establishing a third party debt order—allowing money owed to the debtor to be frozen and sent to us to cover the outstanding debt
- (c) Establishing a charging order—registering the debt against certain assets owned by the debtor
- (d) Registering a County Court judgement, which may affect the debtors credit rating
- (e) Applying for a warrant to commit the debtor to prison or for an order preventing then from holding or obtaining a driving licence.
The position I describe applies to England and Wales with a different but broadly similar approach in Scotland.