Child Support Collection (Domestic Abuse) Bill

Sally-Ann Hart Excerpts

Committee stage
Wednesday 14th December 2022 Public Bill Committees

[The Chair]

With this it will be convenient to discuss clauses 2 to 4 stand part.

[Sally-Ann Hart (Hastings and Rye) (Con)]

It is an honour to serve under your chairship, Ms McVey. I am grateful to you, and to the Committee members, for joining me today to look at the Bill in more detail. The Bill, which will make provision to enable the making of arrangements for the collection of child support maintenance in cases involving domestic abuse, has only four clauses. I am sure, however, that all hon. Members recognise its importance, as it will help to protect victims of domestic abuse when using the Child Maintenance Service.

Before going into more detail about the specifics of the Bill, it may be helpful if I recap how the Child Maintenance Service operates for those Members present who might not be aware. The purpose of the Child Maintenance Service is to facilitate the payment of child maintenance between separated parents who are unable to reach their own agreement following separation—a challenging job, done in very difficult circumstances. I am sure we all recognise from our casework that some separated parents find it very difficult to co-operate, especially when there may have been a history of domestic abuse.

Once parents are in the system, the CMS manages child maintenance cases through one of two service types: direct pay, and collect and pay. For direct pay, the CMS provides a calculation and a payment schedule, but payments are arranged privately between the two parents. For collect and pay, the CMS calculates how much maintenance should be paid, collects the money from the paying parent, and pays it to the receiving parent.

[Wendy Morton (Aldridge-Brownhills) (Con)]

I commend my hon. Friend on introducing an excellent piece of legislation and highlighting some of the challenges faced by victims of domestic abuse. Will she provide some clarity with regards to collect and pay, and confirm that under the Bill no charges will be imposed on the payee?

[Sally-Ann Hart]

I thank my right hon. Friend for her question, which I have raised with the Department for Work and Pensions and the Minister. I understand the Department is looking seriously at how to deal with that matter.

Under the current legislation, direct pay is the default option unless the paying parent agrees to collect and pay, or demonstrates an unwillingness to pay their liability. The Bill aims to extend the collect and pay service to victims of domestic abuse, regardless of payment history. Evidence tells us that this is where extra support could be offered, which is why the Bill is so important. The proposals are about giving victims of domestic abuse the choice to use collect and pay, so that they can decide what is best for their personal circumstances.

Although the CMS can act as an intermediary for parents using direct pay, the Bill will, for the first time under the CMS service, mean that those parents for whom it is appropriate can avoid entirely any need to transact with the other parent. That should ensure that parents who need that protection can feel as safe as possible using the Child Maintenance Service. The Bill will achieve that by amending 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—the paying or receiving parent—or even against children in the household by the other parent involved in the case.

Let me turn to the specifics of the Bill. Clause 1 gives the Bill its substance. It relates to the collection of maintenance in England and Wales, and Scotland, and amends the Child Support Act 1991 to allow for a child maintenance case to be placed on the collect and pay service where either parent applies on the grounds of domestic abuse, and where there is evidence of domestic abuse against the requesting parent or children in their household.

--- Later in debate ---

The Government are committed to ensuring that survivors of domestic abuse feel safe when using the CMS. We recognise the importance of the Bill and welcome this additional protection for those who have suffered domestic abuse. I thank all the officials for their engagement, and commend my hon. Friend the Member for Hastings and Rye for all her work on the Bill. I commend the Bill to the Committee.

[Sally-Ann Hart]

I thank the Minister for her remarks and her support, and I thank all Members here today for their support of the Bill. I also thank the DWP officials and parliamentary officials for all their guidance and support, and I thank you, Ms McVey, for your excellent chairing of the Committee.

The Bill is about giving victims of domestic abuse further protection when using the Child Maintenance Service. It is of great importance, and I am very pleased with the support it has received. As a lawyer, a justice of the peace—a magistrate—and an MP, I have witnessed the distress of victims and the manipulation and evasion of perpetrators of domestic abuse. We must all do what we can to support victims and stamp out this insidious crime. I thank my colleagues from across the House for their contributions and for being here to support the Bill. I know that the Minister will take away the important points raised today and engage with Members on them, and I commend the Bill to the Committee.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 4 ordered to stand part of the Bill.

Bill to be reported, without amendment.