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Child Maintenance and Other Payments Bill

I shall try to explain why the provision is included in the Bill. Section 105 of the Social Security Administration Act 1992 provides for the recovery of benefit expenditure where income support or income-based jobseeker’s allowance is paid in respect of a person who someone else is liable to maintain. For income support purposes, this means a spouse or civil partner and children. For jobseeker’s allowance, the ability to recover extends only to spouses or civil partners. Clause 42 amends this provision by removing the reference to liability to maintain children so that the position is the same for both benefits. We want to encourage parents to make their own arrangements for the maintenance of their children. Having taken that step, it makes sense for us to remove legislation which might act counter to our intentions and create uncertainty for parents. Perhaps I may say a little more by way of background. The liable relative provisions have existed in benefits legislation for many years, acting as a means of offsetting benefit expenditure where a person failed to maintain a person for whom they were deemed to be liable. The provisions give the Secretary of State the right to enforce the liability to maintain by applying for an order in a magistrates’ court. In addition, a person who persistently refuses or neglects to maintain a person for whom he is liable can be prosecuted. However, since the introduction of child support in 1993, use of the provision in respect of child maintenance has largely fallen into disuse. When jobseeker’s allowance was introduced in 1996, the liability to maintain children was not carried forward for that benefit. Liable relative work is carried out by Jobcentre Plus. Any activity in this regard that has been carried out since the provisions of the Child Support Act 1991 have been in relation to liability for adults—normally, spouses. The liable relative provisions are not therefore being applied in respect of children, but they will in any case become redundant following completion of child tax credit rollout, where income support will no longer be paid for dependent children. The amendments in the Bill apply only to maintenance for children. An individual will still be liable to maintain his or her spouse or civil partner until such time as the marriage or civil partnership is dissolved. I hope that I have dealt with noble Lords’ points. Perhaps we might all review the record and see whether we need another discussion on the matter at a later stage, but that is why the clause is in the Bill.