Select committee: Work and Pensions Committee

Conclusion 20

Sixth Report - Children in poverty: Child Maintenance Service Published 27 Apr 2023 Paragraph 87 Addressed to Department for Work and Pensions
Conclusion (the committee's words)
The CMS should ensure its guidance is clear on situations of 50/50 day-to-day care and that, where court orders are made under the expectation of care being equally split, no maintenance is deemed to be due. The use of child benefit to determine that maintenance is indeed due appears to us to be a blunt tool and recommend that the CMS should not use child benefit as an effective proxy to determine whether child maintenance is due.

From: Work and Pensions Committee, Sixth Report - Children in poverty: Child Maintenance Service (HC 272), paragraph 87, 27 April 2023

Government response

The government responded to the whole report on 6 July 2023.

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government welcomes the Committee's report and responds to each recommendation, agreeing with some aims and disagreeing with or declining others.

  • It agrees that effective enforcement should be a key priority, and says that if the Child Support (Enforcement) Bill receives royal assent, a simpler administrative liability order will "substantially speed up" moves to stronger enforcement.
  • It disagrees that the Financial Investigation Unit referral system is not functioning as it should, and does not agree that splitting Child Benefit between parents with shared care would be appropriate.
  • On Universal Credit, it says "there are no estimated timescales currently" for partial deductions for child maintenance, and "no plans currently" to alter the order of deductions.
  • It intends a "fundamental review" of the child maintenance calculation, including whether to include both parental incomes, and says it will consider moving rates into secondary legislation. Any changes would be explored "at the earliest opportunity" if the review indicates they are necessary.

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