HC Deb 23 November 1939 vol 353 cc1425-6W
Mr. Tinker

asked the Secretary of State for War what is the position of a serving soldier who has a court order against him for maintenance of an illegitimate child and who makes the whole of his allotment to his wife and family; and in what way can payment be claimed for the illegitimate child?

Sir V. Warrender

The amount which can be made available from a soldier's pay towards the support of the parties concerned in circumstances of this character is (as it would be were he a civilian) limited by the amount of that pay and the necessity for leaving him a certain minimum for other purposes.

The first claim in respect of the support of dependants against the pay of a soldier is for the qualifying allotment required as a condition of the issue of family allowance to his wife and any legitimate children. After satisfying this claim, there is usually some margin left before reaching the point at which further stoppages from pay are impracticable, and he can be placed under stoppages in respect of the affiliation order so far as this margin is available. Where such stoppages are imposed, he cannot supplement the qualifying allotment to his wife and family by any voluntary allotment in their favour, except out of any balance of pay which may remain after the stoppage in respect of the affiliation order has been met.

Where a soldier who has been called to the Colours for service in connection, with the present war was, before being called up, making payments towards the maintenance of persons of the categories indicated of an appreciably greater amount than is possible from his resources whilst in the Army, these persons may, under appropriate conditions, be given some supplementary payment from Army funds if this course is recommended by the Military Service (Special Allowances) Advisory Committee after investigation of the circumstances.

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