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Child Support

Answer

The administration of the Child Support Agency is the matter for the chief executive. He will write to my hon. Friend with the information requested.Letter from Stephen Geraghty:"In reply to your recent Parliamentary Question about the Child Support Agency, the Secretary of State promised a substantive reply from the Chief Executive.""You asked the Secretary of State for Work and Pensions, what assessment has been made of the financial impact on parents without care facing debt recovery action for outstanding child maintenance payments by the Child Support Agency of the sanction (a) 40 per cent. deductions on net income and (b) use of debt recovery agents. [223863]""The financial impact of recovering child maintenance debt is considered for all parties involved in a child maintenance calculation before determining a suitable repayment level. The circumstances of each individual case are considered including any representations of hardship from the non-resident parent as well as the size of the debt and any other relevant factors. Should the financial circumstances of the non-resident parent prevent immediate full repayment of the child maintenance debt then the Agency will attempt to negotiate the repayment of the child maintenance debt as quickly as possible to obtain the best possible outcome for the qualifying child and the parent with care while taking account of the circumstances of the non-resident parent.""As a guideline the Agency's view is that a complete recovery period of up to two years is broadly acceptable if all the circumstances of the case genuinely warrant such a lengthy period; as an organisation with a statutory duty to consider the welfare of any children affected by our decisions, the Agency can only justify accepting repayment agreements of more than two years in special circumstances. In a proportion of cases, this means that a repayment agreement of up to forty per cent of net earnings, which includes any regular maintenance liability and repayment of arrears, will be appropriate.""Where negotiations fail to produce an acceptable repayment offer the Agency will consider recovery through the enforcement measures available. In many cases a Deduction from Earnings Order will be imposed which requires an employer to deduct child maintenance payments at source. These deductions will not exceed forty per cent of net earnings. In cases where this is not appropriate, the Agency can apply to the courts for a liability order confirming the debt, and allowing it to pursue other legal enforcement action.""The Agency also has the power to contract debt collection agencies to recover outstanding debt on its behalf as this is an area where the expertise of private agencies can be particularly effective in helping to get more money to more children. The provisions authorising another person/organisation to carry out functions relating to child support came into force on 3 July 2006. Certain cases with outstanding debt were reviewed and where the non-resident parent failed to make an acceptable repayment offer referral was made to a debt collection agency. The process for considering the financial impact of recovering debt mirrors that used within the Child Support Agency and outlined above. There are mechanisms in place to ensure that cases are correctly handled.""I hope you find this answer helpful."

Secondary information

Type

Written question

Reference

480 c54-5W; 223863

Session

2007-08

Subjects

Children Maintenance

Link

View this Written question on www.publications.parliament.uk