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by Munro Research

Child Maintenance and Other Payments Act 2008


Official Summary

A Bill to establish the Child Maintenance and Enforcement Commission; to amend the law relating to child support; to make provision about lump sum payments to or in respect of persons with diffuse mesothelioma; and for connected purposes.

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Overview

The Child Maintenance and Enforcement Commission Act 2008 established the Child Maintenance and Enforcement Commission (CMEC) to manage child support payments and improve child maintenance arrangements in the UK. It also reformed child support laws, introduced new collection and enforcement methods, and made provisions for lump sum payments for mesothelioma.

Description

The Act created the CMEC, a body corporate responsible for maximizing the number of children living apart from one or both parents who receive effective maintenance. Its functions included managing child support payments, encouraging voluntary arrangements, and providing information and guidance to parents. The Act transferred child support functions from the Secretary of State to the CMEC.

Key Changes to Child Support:
  • Removed the compulsory application for child support for benefit claimants.
  • Changed child support maintenance calculations to use gross income instead of net income.
  • Introduced new methods for collecting payments, including deduction from earnings, regular deductions from bank accounts and lump sum deductions.
  • Increased enforcement powers, including curfew orders, travel authorizations and driving license disqualifications.
  • Granted new debt management powers, including the ability to write off arrears in certain circumstances.

The Act also introduced lump sum payments for those with mesothelioma, or their dependants, subject to certain conditions.

Government Spending

The Act's impact on government spending is not explicitly detailed in the provided text, but it likely led to increased expenditure in establishing and running the CMEC, as well as managing the new child support system and mesothelioma payments. Figures are not available in the provided text.

Groups Affected

  • Parents: The Act significantly impacts parents, especially those with separated children. It aims to improve maintenance payments. New enforcement methods could affect parents who fail to meet their obligations.
  • Children: Children are the primary beneficiaries, as the Act aims to ensure they receive adequate financial support.
  • Employers: Employers might be affected by the new deduction from earnings orders.
  • Banks and Financial Institutions: Banks and other financial institutions will be involved in the enforcement of the new deduction from account orders.
  • Individuals with Mesothelioma or their Dependents: This group may be entitled to lump sum payments under specific conditions.
  • CMEC Staff: The creation of the CMEC created new employment opportunities.
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