Child Support Management of Payments and Arrears Amendment Regulations 2012

Monday 19th December 2011 Written Statements

[The Parliamentary Under-Secretary of State for Work and Pensions (Maria Miller)]

The Government are committed to tackling the legacy of £3.8 billion in child maintenance arrears owed by non-resident parents. They are determined to pursue every penny which can be collected, and the Child Support Agency is pursuing a range of initiatives and deploying its enforcement powers more effectively to pursue those parents who refuse to pay.

We have, however, to be mindful of the fact that not all of the arrears that are owed can realistically be collected; and indeed, not all arrears are actually wanted by the relevant parents with care.

I am therefore today publishing a consultation document on commencing powers contained within the Child Maintenance and Other Payments Act 2008 to write off arrears of child maintenance in certain, limited circumstances and to accept a part payment of child maintenance in full and final satisfaction of the total amount due.

The use of the write-off power is limited—by the 2008 Act—to circumstances where it would be “unfair or otherwise inappropriate” to collect or enforce the recovery of child maintenance.

The power to accept a part payment will enable a non-resident parent to pay a proportion of the total amount due, with the full liability being treated as met. A part payment may only be accepted where the parent with care has given his or her express permission.

None of this undermines the Government’s determination to pursue those parents who refuse to live up to their responsibilities. The Government believe that failure to pay child maintenance must never be considered as an option.

The consultation document and draft regulations will be available on the Child Maintenance and Enforcement Commission (CMEC) and Department for Work and Pensions websites later today. A link to the CMEC website is attached below.

Copies of the consultation document will be placed in the Libraries of both Houses. http://www. childmaintenance.org/en/publications/consultations.html