Child Support (Enforcement) Bill

Luke Evans Excerpts

2nd reading
Friday 9th December 2022 Commons Chamber

[Dr Luke Evans (Bosworth) (Con)]

My hon. Friend is making a fantastic speech and bringing forward a great piece of legislation. I was in the House only a few weeks ago supporting my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart), who was making changes to the CMS for those suffering domestic abuse who are trying to get payments. Has my hon. Friend the Member for Stroud had a conversation with her about how this Bill can dovetail with her Bill? Perhaps the Government can take both Bills forward to provide extra protections for those who are struggling to get payments for their children.

[Siobhan Baillie]

I thank my hon. Friend for his intervention. I actually read all of that debate in Hansard, including his many interventions on my hon. Friend the Member for Hastings and Rye, so I think he just wanted to show you that he really knows his stuff, Mr Deputy Speaker. He is absolutely right that my hon. Friend the Member for Hastings and Rye is taking a Bill through the House that will protect people who have experienced domestic abuse, because so often, where there has been domestic abuse and a breakdown of a relationship, there is then no payment between the parents. It is probably very unusual for the Department to have to deal with two Bills, but we have very enthusiastic Members of Parliament who want to help families caught up in this system. I have real confidence in the Government teams and the Ministers to use the corporate knowledge for both these Bills and get this done.

This Bill will introduce a quicker and cheaper process to pursue enforcement, not just for the taxpayer but for the people who are waiting for their money, and it will ensure that more money is collected for more children. These are often children of single parents and children who desperately need £5, £10, £15, £20 or £100 a month—whatever the amount is, it will make a difference. I thank all Members in the Chamber for being here to debate the Bill and the Department for helping me with the drafting, and I very much hope it will receive support today.

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[Dr Luke Evans (Bosworth) (Con)]

Who would have thought when I went to conference four or five years ago and was joined by my hon. Friend the Member for Stroud (Siobhan Baillie), who is sat next to me, that we would both be here in the Chamber having this debate, almost three years to the day since our election? Actually, it was patently obvious at that point that she was going to become an MP, because she is diligent and driven. Her introducing the Bill is testament to that.

On reading my hon. Friend’s comments from her Westminster Hall debate last month, it was so sad to note that about 280,000 children see their parents separate. That is a hugely concerning statistic, and a figure that we need to closely reflect on, as my hon. Friend the Member for Devizes (Danny Kruger) pointed out. I am lucky and eternally grateful to have benefited from a being in a loving and stable family for nearly 40 years, but I appreciate that that experience is not universal.

We all have CMS cases in this House, and we have often seen the anguish and the upset that the process generates. More broadly, before I came to the House, I saw in hospitals and GP surgeries the anguish that a given mental or physical issue would bring. A medical professional’s starting point is: how can I make things better? While I often could not solve the problem, I could help inform and equip people and ensure that the process ran smoothly. This Bill gives people a real chance to try and make these things better.

I fully support this important legislation, because I believe that it sits well with the Government’s wider reforms to ensure that the work of the Child Maintenance Service is effective in preventing parents from evading their financial obligations to their children. While couples may fight and frustrate, we must keep in mind the best outcome for the children’s sake. When I was researching for the debate, I was surprised to see that more than 30 years have passed since the Thatcher’s Government critical “Children Come First” White Paper. Society has made changes since then, and methods to collect payments have certainly changed over those years. Much scrutiny and change has taken place, substantial amounts of water have passed under the bridge, and we have seen major systems redesigned.

I note the important work of the Labour and coalition Governments to encourage and support family- based arrangements, and the fact that that work, and wider policy, have progressed with, seemingly, some decent success. Changes to the Child Maintenance Service have built on earlier reforms to ensure a fairer assessment of parents’ earnings, helping to prevent them from evading their financial obligations. These powers make a real difference in compliance by closing loopholes and strengthening enforcement.

We must be thankful for this progress. We must never give up on the ideals, but we must balance them with the reality. According to a report from the National Audit Office published in March 2022, while the number of people making a family-based arrangement has increased as was intended, there has also been an increase in the number of people with no maintenance arrangement, as was pointed out by my hon. Friend the Member for Darlington (Peter Gibson). I sense that the CMS is facing a considerable workload. At the end of December 2021, it was managing more than 600,000 arrangements for 560,0900 paying parents, a 9% increase in the number of arrangements since the end of June 2021.

We must also consider those who fail to pay any amount of child support maintenance, especially when deductions from earnings are not possible. I think that enabling the DWP to make administrative liability orders is a step forward, and I also think it right that those who are subject to such orders are able to appeal. I believe I am correct in saying that they can appeal but cannot challenge the amount that has been decided by the CMS, and I think that is the right approach.

I hope the Bill is successful, and I also hope it can be seen in the wider context of the Government’s work to ensure that the child maintenance system has the legislation and the resources to enable it to manage modern Britain. No two cases in the UK are the same, and there are nuances that play out in all our constituency surgeries. We know that these have real, far-reaching consequences, but I sense that the Bill can be a key part of a wider commitment among my ministerial colleagues to ensure that, over time, everyone pays, everyone receives the right amount, and, most importantly, the child—

[Danny Kruger]

Will my hon. Friend give way?

[Dr Evans]

I will.

[Danny Kruger]

It is important for my hon. Friend to experience what it is like to be on the receiving end of an intervention.

My hon. Friend said earlier that many couples did not have an arrangement at all. What does he think we can do about not just the couples whose arrangements have broken down, but those who did not put one together in the first place?

[Dr Evans]

That is a very good question—and I am so grateful to my hon. Friend for his sword-like intervention, cutting me off with one word to go before the end of my speech!

It is important to engage with couples and ensure that they know where the resources are to enable them to have the necessary discussions, and I think that that is starting to happen as a result of signposting to, for instance, health visitors, GPs and schools, so that parents have an opportunity to speak to someone establish what their options are. Enabling them to have that dialogue is part of the work that the DWP and the Government as a whole should be doing. People need to understand fully what is available to them, and going through the court system may not be the right way for that to happen.

I am hugely grateful to my hon. Friend the Member for Stroud, and I welcome the Government’s support for the Bill. I hope that it makes much haste.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

Child Support Collection (Domestic Abuse) Bill

Luke Evans Excerpts

Friday 28th October 2022 Commons Chamber

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

I beg to move, That the Bill be now read a Second time.

I am pleased that we have time today to debate this Bill, which is an important measure to help safeguard victims of domestic abuse who use the Child Maintenance Service. MPs from across the House will have experienced casework where constituents—predominantly women—who are struggling financially find it very difficult to make their former partner pay child maintenance and have to chase this through the CMS.

We have all seen the impact, mainly on women, and children, when abusers have made it difficult for their formers partners by using money as a means of controlling them. Although the majority of separated parents do all they can to make sure they financially support their children, we have all had casework on the non-payment of child maintenance. I praise in particular the work of Baroness Stedman-Scott, the Minister in the other place, for her focus and hard work on this issue, as well as the CMS staff. Chasing non-payers, even when victims sometimes just want to give up, lifts thousands of children out of poverty. Since 2019, more than £1 billion of child maintenance support has been collected and arranged each year through direct pay and collect and pay. Until fairly recently, financial abuse has been under-recognised as a form of domestic abuse, in which victims, predominantly female, are cut off from sources of money by their partner as a form of control. I therefore cannot discuss this Bill, which is concerned with a niche aspect of domestic abuse, without mentioning the work of consecutive Conservative Governments on this serious issue. The most recent piece of legislation against domestic abuse is the Domestic Abuse Act 2021, landmark legislation that significantly enhances protection for victims of domestic abuse.

Some 2.4 million people in England and Wales are estimated to have suffered some form of domestic abuse. In the UK, some reports estimate that one in eight adults—5.9 million people—experience economic abuse in their lifetime from a partner or family member. Some 4.2 million of them are women, and this financial abuse can leave women with no money for basic essentials such as food and clothing. Financial abuse also has an impact on children, who are real but all too often overlooked victims.

In my former role as a magistrate, I witnessed at first hand how perpetrators of domestic abuse can sit in a courtroom, lie, make sounds or move in a certain way that, to the victim, is terrifying. I have also witnessed those who try to use money or access to money as a means of control, leaving victims feeling worthless and powerless.

[Dr Luke Evans (Bosworth) (Con)]

My hon. Friend is making a powerful speech and I support her Bill wholeheartedly. She is right to point out how children are victims. In my former role as a GP, before coming to the House, I used to see the impact of domestic abuse on children, and not only when they were young but throughout their lifetime. The real key is to ensure that we clamp down on domestic abuse so that it does not have that long-term impact on the rest of someone’s life.

[Sally-Ann Hart]

I thank my hon. Friend for his incredibly good intervention. I absolutely agree.

Before I go into detail on the Bill’s aims, it may be helpful if I explain, for hon. Members who may not be aware of it, how the Child Maintenance Service operates. In an ideal world, the Child Maintenance Service would not be needed. It is certainly not a service that many people would want to use, but it is a safety net when parents who have separated cannot reach agreement on financial responsibilities, especially when one parent is deliberately trying to evade paying their share. It goes without saying that even when a relationship between parents breaks down, their financial responsibilities to their children continue at least until their children reach adulthood. It takes two to tango. Responsibility must be shared.

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. It is a challenging job that is done in very difficult circumstances. Getting a maintenance arrangement in place for children improves their life and improves their chances in life. Ensuring that parents take responsibility for their children, including financial responsibility, means that they are giving them the best start in life.

Many hon. Members will have had some experience with the Child Maintenance Service. Some experiences will have been positive and some negative, but those who remember the Child Support Agency will know how much work has been done over the past few years to improve the system. I am sure all hon. Members will acknowledge that the Child Maintenance Service performs well—much better than previous child maintenance systems. Improvements include bolstering enforcement powers to tackle parents who refuse to pay what they owe, and moving more of the service online. Passports can be removed if a paying parent will not pay up, for example, and eight out of 10 new claims are now made online.

The Child Maintenance Service manages child maintenance cases through one of two service types: direct pay, and collect and pay. With direct pay, the Child Maintenance Service provides a calculation and a payment schedule, but payments are arranged privately between the two parents. With collect and pay, the Child Maintenance Service calculates how much maintenance should be paid, collects the money from the paying parent and pays it to the receiving parent. Under current legislation, direct pay is the default option unless the paying parent agrees to use 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 the payment history.

I know that the Child Maintenance Service already has safeguards in place for victims of domestic abuse. For example, it ensures that there is no unwanted contact between parents and provides information on how parents can set up a bank account with a centralised sort code so that they cannot be traced. I look forward to reading the independent review of domestic abuse support in the Child Maintenance Service, which was completed earlier this year and which I hope will be published as soon as possible. I am sure that we can all acknowledge that any situation where former partners have to co-operate is always going to be difficult for some people. That is particularly the case where there has been domestic abuse in the relationship.

These 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. Thus they can avoid entirely any need to transact with the other parent where that is appropriate, which will help them to feel as safe as possible using the Child Maintenance Service, particularly if the relationship with their former partner was abusive. That will protect them from ongoing coercion and abuse in their financial arrangements.

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[Selaine Saxby (North Devon) (Con)]

I congratulate my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart) and thank her for bringing forward such an important piece of legislation. As she rightly said, some of the most harrowing casework we deal with is often in this area.

North Devon Against Domestic Abuse reports that one in five women and one in seven men have reported experiencing economic abuse as part of a relationship. That can lead to severe financial hardship, debt and emotional distress. The charity offers advice and support to victims of domestic abuse across North Devon as they rebuild their lives, and helps them to build financial resilience and learn money management skills.

Economic abuse is when perpetrators seek to reinforce or create economic dependency and instability, limiting victims’ choices and their ability to access safety. It does not require physical proximity, so it can continue after separation. Economic abuse was defined in the landmark Domestic Abuse Act 2021 and can include taking control of family finances and not keeping partners aware of bills or debts, refusing to contribute or taking victims’ contributions beyond a fair balance, and forbidding the claiming of universal credit or benefits, or insisting they are put into an account that victims do not have access to, to name but a few.

Those actions can all leave lasting marks on victims who are trying to rebuild their lives and their families’ lives. Pushing them into a situation where they are financially exposed to their abuser can impact their ability to build a healthy life. It is also a continuation of abuse, using children as a tool to cause distress. Testimony shows that the legacy of that abuse can lead to some victims’ not pursuing the legal entitlements of their children. One said, “I haven’t arranged any child maintenance because I don’t want to have any aggravation from him.”

[Dr Evans]

My hon. Friend is making a fantastic start to her speech. That is exactly why we need the Bill: it circumvents that and protects victims of confirmed domestic violence, so they do not have to go through that heartache and stress, and do not have to front up against difficult perpetrators of domestic violence. It makes sure that there is stability and safety for them and the family that they are now supporting.

[Selaine Saxby]

I agree with my hon. Friend; what we hear is really harrowing. The next testimony says, “The Child Maintenance Service is his last avenue of financial control, so he uses this wherever possible.”

I also sit on the Work and Pensions Committee, which is currently hearing evidence on this issue. One person said, “In my case, my ex-partner declared an income of less than £8,000 per annum, yet sent my children postcards from all his holidays—skiing in France and Italy, two three-week trips across the whole of the USA, spa weekends and city breaks. Then they had postcards of their father’s new cars: a McLaren and a Bentley. He moved into a three-bedroom house in a desirable area of Cheshire. How on earth is that possible for someone who earns less than £8,000 a year? Meanwhile, I was struggling to pay my utility bills, let alone their after-school clubs and school trips. I am left wondering why none of the evidence was taken into consideration by the CMS.” Some joined-up thinking and common sense is needed. Even when the other parent provides ample evidence that income is being under-reported, the paying parent is simply taken at their word.

We often hear about women experiencing that, but the Select Committee has heard equally harrowing evidence from gentlemen. One said:

“I have 3 children from my previous relationship. Despite the narrative often spun, I am not a dead beat dad, and not all mothers are saints deserving of children. I am a loving father who is paying the consequences of a malicious partner who is using a government tool as part of her domestic violence campaign. During this relationship I was subject to physical, psychological and financial damage… Since I fled, the physical aspect has ceased. Yet abuse at the hands of my ex-wife continues. I don’t report this flippantly. However, the vehicle for her abuse is the Child Maintenance Service, who she uses to continue to financially and psychologically control me from afar, while also denying me access to my children. I’m exhausted by the situation, and with the current cost of living crisis and constant squeeze on my finances, I can honestly say that if I commit suicide, it will be as a direct result of my ex-wife’s abuse in combination with the Child Maintenance Service.”

Although non-payment is not a new tool, it has been exacerbated during covid-19, as the non-resident parent has had increased opportunities to abuse the system, and there have been lower risks associated with that. My hon. Friend the Member for Hastings and Rye has done great work to bring the Bill before us today, and I am delighted to support it, because it is an important step to alleviate the burden on families who have already experienced trauma, and puts the onus on the perpetrator, rather than the victims.

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[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.

[Peter Gibson (Darlington) (Con)]

It is a privilege to be called to speak for the third time today and to be able to support my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart), who is also my very good friend, on the Second Reading of her hugely important Bill. As I said earlier, I know only too well the privilege of doing well in the ballot for private Members’ Bills, but I also know the difficulties of guiding a piece of legislation through the House. As my Bill progressed through the House I was honoured to have the support of colleagues across the House, and I am delighted to support my hon. Friend and her Bill.

Violence against women and girls is rightly a key focus for the Government and for everyone in the House. That was detailed in the recently published “Tackling violence against women and girls” strategy, which builds on a long heritage of legislation introduced by Conservative Governments, including the Children Act 1989, the Protection from Harassment Act 1997, the Protection of Freedoms Act 2012, the Modern Slavery Act 2015 and the Domestic Abuse Act 2021, all of which contained steps and measures to protect people.

[Dr Luke Evans]

It is all very well having legislation in place, but it is really important that we have the financial backing to enforce it. Does my hon. Friend welcome the £230 million from the Conservative Government to do exactly that?

[Peter Gibson]

I am grateful to my hon. Friend for making that important point. He has made it clearly and it is on the record, and I welcome that investment.

As I have served on the Women and Equalities Committee and the Domestic Abuse Bill Committee, and I engage regularly with my local police, domestic abuse refuge and the night-time economy—including my shift last week at the newly established Number Forty night-time hub in Darlington—I am only too aware of the need for society to do more to protect people. I am therefore grateful to all hon. Members who are taking part in today’s debate.

Domestic abuse is a crime. It is perpetrated in the privacy of a place where everyone should feel safe by those who exploit and abuse their position. It is right that we do all that we can to restore a position of trust and safety for victims, and protect and support children who are witnesses to domestic abuse and punish and rehabilitate the perpetrators. Domestic violence as a crime has both an instant impact and a long tail of consequences, putting pressure on our charities, local authorities, schools and prisons. At the root of this crime is the perpetrator, wreaking havoc on a partner and often children too, creating huge costs to our society both in money and in impact.

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[Peter Gibson]

My hon. Friend makes an important point, and I am sure the Minister will, having heard him, address it in summing up.

To return to the use of the banking system as a means of perpetrating abuse, I have worked with a number of banks on this and know that many are working on ways to stamp it out. Abusers can also use non-payment and deliberate payment on irregular days to interfere with means-tested benefit entitlements. No victim or survivor of domestic abuse should ever be told or forced to contact their abuser; it is unquestionably a moral wrong.

I understand that these issues have been a source of controversy since the inception of the current CMS and the introduction of the direct pay service and charging, and the Bill will bring a long overdue and welcome change to the system. I am also glad that the Bill will extend not only to England but to Scotland and Wales, providing consistent protections to victims of domestic abuse across Britain. It is regrettable, however, that the current suspension of the Northern Ireland Assembly means it has not been possible to extend the protections to the entirety of the United Kingdom.

[Dr Luke Evans]

I want to stress the importance of cross-border unity across the United Kingdom on this issue, so perpetrators cannot hide in one jurisdiction from another.

[Peter Gibson]

I agree wholeheartedly with my hon. Friend.

My hon. Friend the Member for Hastings and Rye has introduced a highly commendable Bill, putting further steps in place to right a wrong that has existed in CMS payments since inception, and providing a further level of protection to some of the most vulnerable in our society by preventing abusers from further torturing those who have escaped from a cycle of abuse through the CMS.

This Bill clearly commands cross-party support and I offer my sincere thanks to my hon. Friend for bringing it forward. I wish her well as she continues to guide it through its legislative process and hope to see it pass all its parliamentary stages and make its way on to the statute book.

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[Dr Luke Evans]

Training is indeed very important. We talk a lot about the victims of domestic abuse, but the CMS might be a place where we can pick up on domestic violence and domestic abuse on the first presentation. Is there training to make sure we pick up those cases when they come forward?

[Tom Pursglove]

My hon. Friend asks a very good question, and I am keen to obtain an answer for him on that point. He will appreciate that I am only a few hours into the role and this is quite an involved question but, of course, he raises an important point. I will make sure he receives a full response following this debate.

The CMS also ensures that there is no unwanted contact between parents, and it provides information on how parents can set up a bank account with a centralised sort code so they cannot be traced. The application fee is also waived for victims of domestic abuse, and CMS caseworkers can provide information to our customers on a number of specialist domestic abuse organisations.

In recent years, the CMS has strengthened its domestic abuse training to ensure that caseworkers are well equipped to support parents in vulnerable situations. However, the domestic abuse landscape is always evolving and we are, of course, ready to listen to feedback from customers, customer representatives and stakeholders on this sensitive area. We already engage regularly at ministerial and official level with MPs, interested parties and the domestic abuse commissioner, and we will continue to do so.

In the autumn of 2021, the Department commissioned an independent review of the way in which the CMS supports survivors of domestic abuse. The review was conducted by Dr Samantha Callan, who is a leading expert on domestic abuse. The review has now completed and is with the Government for consideration. We welcome the opportunity to learn lessons and take whatever practical steps we can to help separated parents who have experienced abuse to set up safe maintenance arrangements.

My hon. Friends have spoken about the importance of this Bill, but I would like to explain why the Government support it and see the need for it to be enacted now. The CMS manages cases through one of two service types: direct pay or collect and pay. For direct pay, the CMS provides the calculation and a payment schedule. The payments are arranged privately between the two parents. Just to be clear, if necessary this can be done without the parents having any direct communication. 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. Under the current legislation, as my hon. Friend the Member for Hastings and Rye said, direct pay is the default option unless the paying parent agrees to use collect and pay or demonstrates an unwillingness to pay their liability. With collect and pay, paying parents pay an extra 20% on top of their liability, so cases are generally moved to collect and pay only when the paying parent is non-compliant.

There are some limited circumstances in which requiring a receiving parent to continue to manage relations directly with the other customer in their case seems inappropriate. I know that the CMS has experience of such circumstances and is keen to give customers the best service it can, but is bound by the current rules. The Bill will directly address the situation. It will allow a CMS case to be placed with the collect and pay service when either parent applies for it on the grounds of domestic abuse and when there is evidence that that is the right thing to do in their case.

Normally, it is only the receiving parent who can request a move of their case to collect and pay, on the basis that they are not receiving their payments. However, we recognise the importance of supporting any parent who is a victim of domestic abuse. Whatever their role in the case, either a receiving or a paying parent will therefore be able to request collect and pay.

To enable that, the Bill will provide the Secretary of State with the power to make secondary legislation setting out the details of circumstances in which the power can be used. That legislation will deal with the types of domestic abuse evidence that the CMS will accept in determining whether those circumstances apply in a particular case. The House will have the opportunity, which I think is welcome, to scrutinise that secondary legislation. The details need to be in secondary legislation because the evidence requirements may be complex and are likely to change over time as the Government do further work—not only in relation to child maintenance, but right across Government—to ensure we do all we can to minimise the incidence of domestic abuse. The affirmative procedure will be followed so that hon. Members have the opportunity to scrutinise the legislation in this place.

We will, of course, consult widely when formulating our proposals. We will aim to produce requirements that are sensitive to the needs of domestic abuse victims and that have been carefully evaluated and tested before being brought forward.

Given the importance of domestic abuse issues to hon. Members throughout the United Kingdom, I should say a few words about our work with colleagues in the devolved Administrations. I will not mention Northern Ireland, where child maintenance is a devolved issue, except to say that we will be working with Northern Ireland colleagues to ensure that domestic abuse victims are protected throughout the whole United Kingdom. However, I will say a few words about how we will implement the Bill in Scotland, as I know that colleagues who represent Scottish constituencies are keen to be reassured that the Government are considering child maintenance customers across Great Britain in the context of the Bill.

The Bill uses the definition of domestic abuse set out in the Domestic Abuse Act 2021. That Act does not extend to Scotland, where the definition generally used is set out in separate, devolved Scottish legislation. However, for ease of implementation in an area as complex as child maintenance, in which cases frequently fall within more than one jurisdiction in the United Kingdom, the Bill allows for the Act’s definition to apply throughout Great Britain for the purposes of the Bill.

The collection of child maintenance is governed by the same statutory provisions in England and Wales and in Scotland. We are keen to avoid the administrative complexity that could result from different definitions applying in each jurisdiction, but I acknowledge that the legislation will need to sit comfortably alongside devolved legislation dealing with similar issues. We will therefore work with legal colleagues and the Scottish Government to ensure that the policy aim is effectively delivered in Scotland.

Understandably, various colleagues—particularly my hon. Friends the Members for Southend West (Anna Firth), for Hastings and Rye, for Bosworth (Dr Evans) and for Heywood and Middleton (Chris Clarkson)—have raised the issue of charging. Collection charges are applied to all CMS collect and pay cases. The charges are 20% on top of the liability for the paying parent, and 4% of the maintenance received by the receiving parent. Running the collect and pay service incurs costs for the taxpayer. It is therefore reasonable for most parents to contribute towards running an expensive service. However, we recognise that many of the parents whom the Bill aims to support could be among the most vulnerable.

Oral Answers to Questions

Luke Evans Excerpts

Monday 21st March 2022 Commons Chamber

[Mims Davies]

I thank my hon. Friend for raising this matter, and I am sure that BEIS Ministers will have heard him loudly as well. It is absolutely right that we have boosted the secondary legislation, which boosts the rights of workers by quadrupling the available aggravated breach penalty used in employment tribunals, but it is right too that he and I work with my colleagues to make sure that employers—and the experience at work—are better, because they need to be.

[Dr Luke Evans (Bosworth) (Con)]

15. What steps she is taking to tackle identity fraud and abuse of the benefits system.

[The Parliamentary Under-Secretary of State for Work and Pensions (David Rutley)]

We take all fraud very seriously and have a wide range of measures in place, supported by £613 million of additional funding. Our integrated risk and intelligence service co-ordinates the detection of, and response to, fraud risks from identity fraud, including threats from organised criminals. We will continue to do all that we can to track down fraudsters.

[Dr Evans]

I am grateful for the Minister’s answer. I was contacted by my constituent, Dr Ralph Mitchell, after he was contacted by a debt collection agency on behalf of the DWP for a £1,500 outstanding debt. He has never taken UC or made any form of claim before. He rang the Department and, after many phone calls, was unable to have the debt removed. He was told that he was a victim of identity theft. It took the involvement of my office and myself to get that resolved. What are we doing to prevent identity theft, and what is the Department doing to make sure that the communications with those who fall victim to it are sorted out as swiftly as possible?

Oral Answers to Questions

Luke Evans Excerpts

Monday 13th September 2021 Commons Chamber

[Dr Coffey]

I hope the right hon. Gentleman will direct that person to go and have a chat with the work coach. I do not know the status of that individual, exactly what paid employment they are in right now or their situation with childcare, but I remind him that 85% of the cost of childcare can be claimed by people on universal credit. One of the directions we want to encourage individuals to go in is to go and talk to their work coaches so that we can help them get on in life and be more prosperous.

[Dr Luke Evans (Bosworth) (Con)]

4. What support her Department provides to older jobseekers looking to reskill or change careers.

[John Howell (Henley) (Con)]

9. What support her Department provides to older jobseekers looking to reskill or change careers.

[The Parliamentary Under-Secretary of State for Work and Pensions (Mims Davies)]

The Department’s focus on 50 PLUS: Choices, alongside our plan for jobs, provides funding to ensure that more people of all ages get tailored support. That includes programmes such as the job finding support service, job entry targeted support and the restart scheme, to help them find work. That is in addition to the Department’s train and progress and sector-based work academy programmes, to help people gain confidence, skills and job-specific qualifications, and to progress into employment.

[Dr Evans]

Bosworth and the east midlands have a fine tradition of automotive logistics. One of the biggest problems is that that is the area changing most rapidly in keeping up to date with skills, which puts pressures on employers to have those skills. What are the Government doing to ensure we are equipped to move into the green era and deal with the automotive nature of the logistics sector, as we go forward over the next 10 years?

[Mims Davies]

A green recovery presents a significant opportunity for UK workers of all ages to benefit from increasing employment opportunities, including those clean growth sectors. The DWP is supporting people into green jobs as the sector grows, through work coach interventions that will ensure that jobseekers are able to develop skills to match the changing needs of the local labour market and their own aspirations.

Oral Answers to Questions

Luke Evans Excerpts

Monday 28th June 2021 Commons Chamber

[Justin Tomlinson]

The hon. Member has been an absolute superstar in her role as the chair of the all-party parliamentary group for disability. She organised a brilliant event to incentivise, encourage and cajole MPs from across the House to lead by example by signing up to be Disability Confident employers, and we saw a huge increase in the number of MPs who are signed up. She is absolutely right to keep pushing, because collectively we can make a difference, and she has personally led on that.

[Dr Luke Evans (Bosworth) (Con)]

What steps she is taking to tackle fraud and error in the benefits system.

[The Parliamentary Under-Secretary of State for Work and Pensions (Will Quince)]

The Department has taken huge steps to reduce and minimise fraud and error during the last 12 months. We have introduced a range of measures, including optimising digital capability, expanding our integrated risk and intelligence service and policy functions, developing prepayment risking techniques and introducing a prepayment enhanced checking service for high-risk claims.

[Dr Evans]

I am grateful for the Minister’s answer. Of course, errors are inevitable in such a large system, be they errors with overpayment or underpayment. Apart from trying to stop that, the key thing is to make sure that they are communicated clearly and resolved swiftly, so what is his Department doing to ensure that this is the case?

[Will Quince]

My hon. Friend is absolutely right: we want to see issues resolved as quickly as possible. I would stress that the vast majority—around 95%—of payments are paid correctly, and the Department has processed over 4.3 million new universal credit claims since March 2020. The priority has been to get money to those people who need it desperately as quickly as possible. To do that, we streamlined some of our normal checks, but we are currently revisiting any high-risk claims that we paid during the covid-19 trust and protect period. I would of course be very happy to meet my hon. Friend to talk about this issue in more detail.

Oral Answers to Questions

Luke Evans Excerpts

Monday 14th September 2020 Commons Chamber

[Mims Davies]

We have had unprecedented Government intervention since we headed into the coronavirus crisis. Last week, I met G20 Ministers looking to learn from what we have done in the UK and, above all, learn about our next stage, which is our plan for jobs and the forthcoming £2 billion kickstart scheme. This is about moving forward, not holding people back or in suspended animation.

[Dr Luke Evans (Bosworth) (Con)]

The pandemic is still having an obvious impact and it is really important to have Government Departments working well together. What conversations has my right hon. Friend had with the Department for Business, Energy and Industrial Strategy, the Department for Education and the business community to ensure that there are opportunities for individuals in Bosworth and across the UK to get into education or work following covid?

[Dr Coffey]

My hon. Friend asks an important question about our work with the business community and across the Government. The DWP has been an integral player in the development of the plan for jobs. Together with my right hon. Friends the Secretaries of State for BEIS and for Education, we have had several roundtables with the business community and others to ensure that people who are looking to enter employment can develop skills and have additional funding, going down the apprenticeship or traineeship route, as well as kickstart. I am also in regular discussions with other Cabinet colleagues on the creation of new opportunities wherever possible.

Oral Answers to Questions

Luke Evans Excerpts

Monday 9th March 2020 Commons Chamber

[Mims Davies]

I thank my right hon. Friend for raising this issue. I know that other Members across the Chamber will have met constituents around this issue, as indeed I did on Friday. There are over 5 million people who are self-employed at the moment, with a huge amount of people coming into this area, which we are trying to boost, as I mentioned earlier. I am sure that as we go into the Budget, the new Chancellor will be listening to her very carefully.

[Dr Luke Evans (Bosworth) (Con)]

10. What steps she is taking to reduce the time taken for claimants to receive personal independence payment assessments and the outcomes of those assessments.

[The Minister for Disabled People, Health and Work (Justin Tomlinson)]

Reducing end-to-end customer journey times for PIP claimants is a priority for the DWP. We continue to work closely with both assessment providers, amending and refining current processes.

[Dr Evans]

Constituents in my patch of Bosworth can face up to 42 weeks for clearance of their case—that is, processing and determining the tribunal hearing either in Leicester or Coventry. The national average is 30 weeks. What steps can the DWP and the Ministry of Justice take to ensure that the process is swift and that claimants are kept up to date during this time?

[Justin Tomlinson]

Her Majesty’s Courts and Tribunals Service has developed a new digital system, and it is increasing the number of judges. This goes hand in hand with our changes to the mandatory reconsideration stage whereby we are proactively contacting claimants who are seeking to appeal their decision to see whether we can help to identify additional written or oral evidence to correct the decision at that stage, reducing the number of claimants who then need to enter the independent appeal process.