53.New section 6(1) to (3) provide that a parent with care who claims or who is receiving Income Support or income-based Jobseeker's Allowance may be treated as having applied for child maintenance. Subsection (1) contains a power to prescribe other benefits for the purpose of this section; for example, should another income-related benefit be introduced in the future.
54.New section 6(4) requires the Secretary of State to notify the parent with care of this, of her ability under subsection (5) to request him not to act, and of the power to impose a reduced benefit decision under section 46.
55.New section 6(6) sets out that this will apply whether or not she receives the benefit in respect of that qualifying child. This provision is contained in the current section 6 (see subsection (8)). A parent with care can claim benefit for herself and the qualifying child, but benefit for the child will not be awarded in circumstances where the child has earnings, a trust fund or settlement, or capital of more than £3000.
56.New section 6(7) follows closely the wording in the current subsection (9). It requires the parent with care to provide the Secretary of State with the information to enable him to identify or trace the non-resident parent so that a child support maintenance calculation can be made and payments collected. She is not required to comply with this section if she has asked the Secretary of State not to pursue child maintenance.
57.New section 6(8) provides a power to make regulations specifying the circumstances in which the requirement to supply information does not apply or will be waived. This carries forward a power (which has not been used) in the current section 6. This power is retained because it may provide protection for parents with care in as yet unforeseen circumstances.
58.New section 6(9) allows a parent with care who is no longer entitled to a benefit to which this section relates to stop child support action. It makes it clear that, until the parent indicates that she wants child support to cease, the Secretary of State may continue to pursue maintenance.
59.New section 6(10) of the substituted section 6 requires the Secretary of State to comply with a request under subsection (9) to cease acting. Regulations under new section 6(11) can provide for the detail of how this will happen.
60.New section 6(12) reflects the current section 6(14). It provides that the provisions in this section will apply even when there is a maintenance calculation already in force. For example, in situations where there is a change in the parent with care’s circumstances, and she claims good cause or makes a new application.
Part 1: Child Support. Commentary on Sections Schedule 1: Calculation of weekly amount of child support maintenance New section 6: Applications by those claiming or receiving benefit