§ Earl Russellasked Her Majesty's Government:
Whether agreed procedures between the Benefits Agency and the Child Support Agency are yet in place to deal with the situation when maintenance assessed under the Child Support Act 1991 does not arrive.
The Parliamentary Under-Secretary of State, Department of Social Security (Viscount Astor)The administration of income support is a matter for Mr. Michael Bichard, the Chief Executive of the Benefits Agency. He will write to the noble Lord with such information as is available.
Letter from Mr. Michael Bichard, Chief Executive of the Benefits Agency:
The Secretary of State for Social Security has asked me to reply to your recent Parliamentary Question asking Her Majesty's Government whether agreed procedures between the Benefits Agency and the Child Support Agency are yet in place to deal with the situation when maintenance assessed under the Child Support: Act does not arrive.
I can assure you that the income support procedures to deal with the situation when maintenance assessed under the Child Support Act 1991 does not arrive have been in place since the outset of the Child Support Agency's activities on 5th April 1993.
Where the parent or person with care of the child reports the maintenance default, the Income Support Adjudication Officer will review the Income Support entitlement. A payment for the extra benefit due is made by girocheque.
The Benefits Agency notify the Child Support Agency that this action has been taken. I hope this information is helpful.
94WA
§ Earl Russellasked Her Majesty's Government:
Whether they can guarantee that parents with care claiming maintenance under the Child Support Act 1991 will not be taken off benefit until maintenance is actually received.
Viscount AstorThe administration of income support is a matter for Mr. Michael Bichard, the Chief Executive of the Benefits Agency. He will write to the noble Lord with such information as is available.
Letter from Mr. Michael Bichard, Chief Executive of the Benefits Agency:
The Secretary of State for Social Security has asked me to reply to your recent Parliamentary Question asking Her Majesty's Government whether they can guarantee that parents with care are not taken off benefit until maintenance is actually received.
Your Question is similar to that answered in my letter of 7th March OR vol 552 col. WA92.I can only reiterate the advice given that when information is received from the Child Support Agency (CSA) that child maintenance is due to be paid to an income support customer, the income support claim is reviewed to reflect the maintenance due.
It may help if I can explain that maintenance can be paid either:
direct to the CSA or
direct to the parent with care
Cases which cause particular difficulty for our customers are those where maintenance payments arranged by the CSA have the effect of removing entitlement to Income Support.
In those cases, where payment of maintenance is arranged direct to the CSA, procedures have been introduced which require BA staff to contact the CSA to confirm whether maintenance payments have been received before the income support award is revised and benefit withdrawn.
In all other cases, where the arrangement is to make payment directly to the parent with care, the income support award is reviewed and benefit withdrawn from the date that the maintenance income is due to be received. This action avoids any potential overpayment thereby protecting public funds.
However, should an absent parent subsequently default on the child maintenance payments, the decision to withdraw benefit would be reviewed and revised to ensure there was no financial loss to the parent with care, pending a resolution of the child maintenance position. I can assure you that owing to the sensitive circumstances, such action would be taken as a matter of urgency.
I hope this information is helpful.