Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what plans she has to improve the Child Maintenance Service's procedural safeguards within paternity disputes.

Parentage disputes can be raised at any point in the life cycle of a child maintenance case.

If parentage is disputed before the initial maintenance calculation is made, the CMS will need to decide whether an assumption of parentage can be made. The circumstances on which the CMS can make an assumption about parentage are prescribed in legislation, such as the paying parent being registered as the father on the child’s birth certificate. If none of the assumption grounds apply, then a maintenance calculation cannot be made until the parentage dispute is resolved. If parentage cannot be assumed, all parties will be invited to take a DNA test.

If parentage is disputed after the initial maintenance calculation is made, including instances where the maintenance is collected via wage deductions, the CMS will decide whether there is conclusive evidence to confirm that the paying parent is not the parent of the child in question. Conclusive evidence is either a DNA test result from an approved tester or a court declaration of parentage or non-parentage.

Where a DNA test is requested by the paying parent, the cost is paid by the paying parent. If the DNA test shows that they are not the parent, they will no longer be liable for child maintenance payments and will receive a refund for the cost of the DNA test. The CMS will also consider an application for a refund of any maintenance paid to date.

The DWP keeps all policies under review. Whenever the DWP does announce an intention to make significant policy changes then the Department will invite views and perspectives – including those of paying parents - through a process of consultation.