HC Deb 24 November 1972 vol 846 cc509-10W
Mr. Weitzman

asked the Secretary of State for Social Services (1) whether, in view of the decision of Mr. Justice Payne in the case of Winter versus Winter, he will consider his Department taking over the enforcement of maintenance orders made against husbands by the court in which the wife had instituted proceedings;

(2) whether, in view of the decision of Mr. Justice Payne in the case of Winter versus Winter, he wil consider, where the wife had not obtained an order for maintenance, his Department being enabled to sue for contributions in the court in which the wife had instituted matrimonial proceedings;

(3) whether, in view of the decision of Mr. Justice Payne in the case of Winter versus Winter, his Department, save in exceptional cases, will investigate the means and circumstances of the husband and adduce the necessary evidence in support of her claim or for the purpose of enforcement of the wife's order.

Sir K. Joseph

As my right hon. and learned Friend the Attorney-General has said, the difficulties encountered by wives in obtaining payment of maintenance awarded by the courts and the question of what further provision should be made to help them are within the terms of reference of the Finer Committee on one-parent families; and it would not be right to anticipate its conclusions.

When a wife is in receipt of supplementary benefit, arrangements already exist for maintenance to be paid direct to the Department so that she can receive the full benefit regularly without regard to maintenance payments due. Where appropriate, the Supplementary Benefits Commission encourages and assists the wife to enforce maintenance orders made against her husband; and for the purpose of maintenance proceedings the commission also makes available to the court such information as has been obtained about the financial circumstances of the husband. Although the commission has no powers to enforce a woman's own order, it is empowered to take proceedings for the recovery of benefit, and use these powers, when necessary, if the woman is unable or unwilling to take her own proceedings.