HC Deb 29 November 1999 vol 340 cc50-1W
25. Mr. Rendel

To ask the Secretary of State for Social Security what representations he has received concerning the use of a default rate to calculate maintenance payments under the new proposals for reforming child support. [99088]

Angela Eagle

The White Paper published on 1 July gave details of our plans to impose a default rate of maintenance liability. It is important that maintenance starts flowing quickly and reliably to children. Where exceptionally it is clear that there is going to be a delay in assessing maintenance, we plan to impose a default rate until the CSA has enough information to calculate the true liability.

We have not received any representations on this issue.

Mr. Hilary Benn

To ask the Secretary of State for Social Security what plans he has to amend section 6(1) of the Child Support Act 1991. [100103]

Angela Eagle

Our plans for the reform of child support were published in the White Paper "Children's Rights and Parent's Responsibilities" (Cm 4349) on 1 July 1999. Legislation announced in the Queen's Speech in November 1999 will set out the detail of the reforms.

Section 6(1) of the 1991 Act provides that parents with care on Income Support or income-based Jobseeker's Allowance can be required to apply for child support. Our plans to change this provision were set out in Chapter 4 of the White Paper. Currently, child support arrangements cannot be made unless a parent specifically applies for maintenance. While every effort is made to ensure parents with care are not put at risk by the child support process, this rule can actually increase the risk that parents face. This is because when non-resident parents receive notification that the parent with care had applied for child support, some feel that they have been 'shopped' to the Department of Social Security.

Under the new scheme, it is planned that a separate application for maintenance will not be required for parents with care on benefit. Claiming Income Support or income-based Jobseeker's Allowance will be enough to start the child support process, unless a parent with care specifically asks us not to pursue maintenance. A parent with care who opts out will be asked to show that she has good cause for doing so. If it is clear that the child support process would cause her or her children harm or undue distress no further action will be taken. Otherwise, a benefit penalty may be imposed.

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