Child Support Collection (Domestic Abuse) Bill

Debate between Anna Firth and Luke Evans

Friday 28th October 2022 Commons Chamber

[Anna Firth]

Yes, this is another way in which the father, or the estranged parent, uses money as a form of control. Dealing with the arrears part of the system is vital.

The other week, my brilliant caseworker, Charles, brought to my attention one case that, frankly, appalled me, but these are common cases; we all receive such cases in our inboxes every week. The marriage of one of my constituents broke down in 2018, and she became the primary carer for the three sons. The Child Maintenance Service decided on an amount to be paid by the father, but the father had not disclosed a large personal income. My constituent appealed against this and it took two-and-a-half years before the Child Maintenance Service agreed with her that the father was underpaying. It then set a new repayment schedule and allowed the father to pay off that debt in small instalments each month, thus penalising my constituent and her children through absolutely no fault of their own. As I understand it, he did not start paying off the debt; it is still accruing and the Child Maintenance Service is doing very little to help.

My constituent has had to fight every step of the way to ensure that her children’s father actually pays what he needs to, and we have still not reached a conclusion. Quite frankly, this sort of behaviour is abuse. It is using money as a weapon. It is a form of domestic abuse and no one should have to go through it. The Child Maintenance Service must be informed to ensure that mothers are not left out of pocket by their ex-partners. This Bill is a vital way of advancing us on that journey.

The Bill, so ably spearheaded by my hon. Friend, will amend primary legislation to allow victims of domestic abuse to use the collect and pay service where there is evidence of domestic abuse against the requesting parent—this could be the paying or the receiving parent—or even children in their household by the other parent involved in the case.

As other hon. Friends have mentioned, there are collection charges for the use of the collect and pay service. I do not complain about the 20% on top of the maintenance liability for the paying parent, but the 4% charge that the receiving parent must pay is wrong and should be amended. I understand that, although the Minister is clear that charges are the right approach for current users of the service, he is willing to consider whether an exemption may be appropriate in these cases. I look forward to hearing him clarify that point in his summing up.

[Dr Luke Evans]

Clearly, the system has to be funded, but the right level of evidence needs to be put in for those who are convicted of domestic abuse. Does my hon. Friend have an idea about how the Government might be able to work that through? It could be that the victim of those who are fully convicted does not have to pay those charges. That might be a nice solution and would allow the removal of fees for those victims to go ahead.

[Anna Firth]

My hon. Friend makes an important point. Obviously, evidence has to underpin this service to make it fair, but in instances where there is clear evidence, which can be assessed, it seems only right that the parent can use the collect and pay service without being financially penalised in any way.

We would all agree that domestic abuse, including financial abuse, is horrific and that no one should have to endure it. As a country, we want to support victims of domestic abuse. None of our state systems should be allowed to make the survivors suffer more than they already have. The Bill will improve the Government’s offer to victims of domestic abuse in how they receive child maintenance payments. We must not forget that these payments often form a vital part of the recipient’s overall income and finances, especially those who have endured domestic abuse.

I am pleased to be here to support the Bill, and I am grateful to my hon. Friend the Member for Hastings and Rye for giving us an important opportunity and for spearheading this vital measure to stand up for women and children.