Member News
By Wayne David MP - 20th December 2011
Wayne David MP calls for the rules on Child Support Allowance exemptions to be fair for everyone.
It was in the early part of this year that I was approached by a female constituent who was very concerned about the lack of financial support from her non-resident partner for their children. My constituent explained to me that he did not have to pay any maintenance through the Child Support Agency (CSA) because her ex-partner was a retained or part-time fireman.
Understandably, my constituent thought this to be extremely unfair and I could think of no logical reason why this should be the case. I therefore made enquiries with the CSA and was informed that what my constituent told me was indeed accurate. According to Schedule 1, Paragraph 4 (2) of the Maintenance Calculations and Special Cases Regulations 2000 "payments made in respect of the performance of duties as a part-time firefighter are not included within the calculation of a non-resident parent’s net weekly income".
The CSA informed me that similar exclusions apply for other occupations, "including for; members of the auxiliary coastguard in respect of coast rescue activities, persons involved part-time in the manning or launching of a lifeboat, local councillors and members of the territorial or reserved armed forces".
I was told that the purpose of the exemption for these particular occupations is to both encourage voluntary public service and to ensure that the maintenance calculation may be undertaken efficiently. The explanation went on to state that if such earnings were not exempt the calculation of a non-resident parent’s net weekly income would be dependent on attendance-based earnings for the performance of these duties, which may vary from week to week. According to the CSA this would mean that there would be a necessity to recalculate the amount due to be paid. The CSA then went on to state that this would have a "significant effect" on its ability to keep cases fully up to date, and therefore on its ability to provide "an acceptable service to the vast majority of our clients".
This I found to be a quite remarkable reply. To begin with, how can such exemptions, particularly in the case of part-time firefighters, be to encourage "voluntary public service"? Part-time firefighters are on an annual salary range from £3,622.50 to £15,390.00. Their work is to be commended, but it is certainly not voluntary. The other justification is basically down to the fact that the CSA find it too much of an inconvenience to bother to work out a fair payment which is based on a variable salary. The result is that hard pressed mothers and their children are deprived of much needed financial assistance to which they are certainly morally entitled.
Having been amazed by this regulation and the interpretation by the CSA, which I have no doubt is accurate, I then wrote to the Department for Work and Pensions and the minister responsible, Maria Miller. Miller confirmed to me that what the CSA had indicated to me was indeed accurate. In a letter to me in August, the minister made the point that "the law is quite clear on this matter".
But disappointingly in response to my question about whether the government had any intention to review the law, I was informed, in uncertain terms, that there are "currently no plans to change this legislation".
The purpose of my adjournment debate is to raise what is clearly an unfairness in the CSA regulations. I refer to the plight of my constituent, but there are clearly many other mothers in a similar position. I sincerely hope that the government will listen and consider changing the regulations so that the rules are fair to everyone.
Wayne David has been the Labour MP for Caerphilly since 2001.
Dods Parliamentary Communications Ltd