HC Deb 19 December 1995 vol 268 c1078W
Mr. Robert McCartney

To ask the Secretary of State for Northern Ireland if he will take steps to prevent the Child Support Agency from declaring the parent with custody the absent parent in equal shared care arrangements. [7358]

Mr. Moss

In establishing who is the parent with care and who is the absent parent for child support purposes account is taken of the amount of overnight care provided by each parent. Where overnight is divided equally the parent receiving child benefit is treated as the parent with care. There are no plans to change these arrangements.

Mr. McCartney

To ask the Secretary of State for Northern Ireland if he will amend the child benefit regulations to give a parent with custody the sole right to payment of child benefit in equal shared care cases. [7359]

Mr. Moss

No. Where both parents satisfy the conditions for entitlement to child benefit and the parents are unwilling to make a joint election as to which of them shall be entitled, the Department may at its discretion determine which of them is to be entitled. In reaching such a decision, the Department must consider the actual costs each customer incurs in looking after the child, and the impact of its decision on the welfare of the child. Court orders for the care of children cannot be accepted in isolation as a decision on child benefit.