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Dept of Social Security;Child Support Agency

Answer

Mr. Wicks: To ask the Secretary of State for Social Security what measures are planned to assist applicants under the proposed departure directions procedure in obtaining evidence to support allegations of inconsistent lifestyle. [8124] Mr. Andrew Mitchell: The administration of the Child Support Agency is a matter for the chief executive, Miss Ann Chant. She will write to the hon. Member. Letter from Ann Chant to Mr. Malcolm Wicks, dated 9 December 1996: I am replying to your Parliamentary Question to the Secretary of State for Social Security about applications for a departure from the maintenance formula on the grounds that a parent's lifestyle is inconsistent with the income on which their maintenance assessment is based. You asked what measures are planned to assist applicants in gathering evidence to support their application for a departure direction on this ground. While the departures scheme places the onus on the applicant to justify the validity of their application, it is recognised that in such cases, conclusive written evidence will not always be available. Providing there is some indication of a genuine case to consider, it is intended that the decision on the application will be based on a balanced view of all the evidence, even when not supported by documentary evidence. It may be helpful if I outline how applications on this ground will be dealt with. The Agency will first establish that the application is valid and that there is some indication that the parent's overall lifestyle is substantially inconsistent with the level of income on which the maintenance assessment is based. Cases will be refused at this stage if it appears that there is no likelihood of the application succeeding, for example, if the applicant states only that the other parent goes abroad for a holiday or has a better lifestyle than their own. If the application is refused at this point, the parent making the application will have a right of appeal. Cases that are not refused will be referred to a Child Support Appeal Tribunal for a decision. It will be for the Tribunal to decide what evidence it needs and how to balance the information provided by both parents in reaching its decision. There are also powers to hold "direction hearings" in advance of the Tribunal. These provide the Chairman with the opportunity to direct either parent to provide any further evidence considered necessary. I hope this explanation reassures you that, whilst some reasonable degree of responsibility must rest with the applicant to justify their application, it is accepted that they will not always be in a position to provide full supporting documentary evidence; and that failure to do so will not automatically result in the application being refused. A balance must be struck however, to prevent vexatious or malicious applications from getting into the system.

Secondary information

Type

Written question

Reference

8124; 287 c186W

Session

1996-97

Subjects

Children Appeals Evidence Maintenance Personal income Child Support Appeal Tribunal