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Child Maintenance and Other Payments Bill

moved Amendment No. 44: 44: Clause 32, page 36, line 29, leave out ““may”” and insert ““must”” The noble Lord said: My Lords, I shall also speak to the other government amendments in the group. The issue of person with care consent for negotiated settlements and sale of debt was raised in Grand Committee and in Committee in the other place. A related issue was raised by the Delegated Powers and Regulatory Reform Committee concerning person with care consent in relation to the sale of debt. To address those concerns, I have brought forward this amendment. It will put in the Bill the requirement that regulations must make provision for the circumstances where the consent of the person with care—or, in Scotland, the child who applied for the maintenance calculation—will need to be given before the commission can accept part payment of arrears in full and final settlement of any arrears that are owed to them. I have also brought forward a similar amendment in relation to Clause 34, ““Transfer of arrears””, which will also put in the Bill the requirement that regulations must make provision for the circumstances where the consent of the person with care—and, in Scotland, the child who has made an application in their own right—will need to be obtained before the commission can exercise its powers. This will mean that where all the arrears are owed to the person with care—or, in Scotland, the child—the commission may not negotiate a settlement or sell the arrears without their consent. It will also mean that, where some of the arrears can be retained by the commission and the amount that is offered in settlement or which is proposed to be transferred is less than the amount that is owed to the person with care—or the child in Scotland—their consent will be required before the commission can exercise its powers. The amendment also makes it clear that regulations made under Clause 34 may in particular provide that payments received by the commission under the transfer arrangements may be treated as if they were payments of child support maintenance. I trust that these changes will help to allay any concerns that noble Lords and others may have had on this issue. I beg to move.