APPENDIX 2
Memorandum submitted by Anne Corden, Social
Policy Research Unit, University of York (CS 24)
SUMMARY
1. Recent relevant research is drawn to
the attention of the Committee:
Boden, R and Corden, A (1998) Self-employed
Parents and Child Maintenance, London: The Stationery Office.
Corden, A (1999) Making Child Maintenance
Regimes Work, London: Family Policy Studies Centre (a comparative
study of regimes in ten European countries).
2. Concern is expressed about proposals
to allow use of financial data collected by the Inland Revenue,
for purposes of assessment of child maintenance liabilities of
self-employed parents.
3. Concern is expressed about proposals
to withdraw exemptions from minimum payments.
1. Recent research on child support
1.1 Research conducted recently is of relevance
to the Committee's considerations:
Boden, R and Corden, A (1998) Self-employed
Parents and Child Maintenance, London: The Stationery Office.
This is a study of the assessment of self-employed
parents' income for purposes of the Child Support Agency. The
work was jointly funded by the Institute of Chartered Accountants
in England and Wales and the Department of Social Security, and
included comparison of the approach to measuring self-employed
earnings in Australia and the United Kingdom.
Corden, A (1999) Making Child
Maintenance Regimes Work. London: Family Policy Studies Centre.
This is a comparative study of child maintenance
regimes in ten European countries: Austria, Belgium, Denmark,
Finland, France, Germany, the Netherlands, Norway, Sweden and
the UK. The research was funded by the Joseph Rowntree Foundation.
1.2 Copies of the reports from both studies
have been sent to the Committee. Findings from both studies were
discussed during the consultations held by Government following
the publication of the Green Paper, Children First: a New Approach
to Child Support. A copy of the author's submission to the
Green paper consultation is enclosed, and the views and observations
therein remain relevant. The White Paper refers to findings from
the comparative European study (page 12 and page 54 paragraph
16).
At this stage, I would like to re-emphasise
two major concerns, as follows.
2. Assessment of earnings from self-employment
2.1 The discussion in the White Paper about
problems that arise in assessing self-employed earnings continues
to lay emphasis on non-cooperation by self-employed people and
the refusal of some to provide information about earnings (Chapter
4, paragraphs 12-13). Research has shown that, in a number of
regulatory systems including child support, problems in dealing
with self-employed earnings often reflect the technical rules
for income measurement and the ways in which these are implemented
as much as non-cooperation by individual self-employed people.
Many self-employed non-resident parents are strongly committed
to supporting their children, and frustrated that it is so hard
to deal with the Child Support Agency.
2.2 The White Paper proposes to allow self-employed
non-resident parents to provide the figures used for the self-assessment
of tax for use in calculating child maintenance. This may be helpful
for some parents, and may reduce some confusion and administrative
delay.
2.3 It is important to understand, however,
that although using information from Inland Revenue tax records
may help to reduce some of the current problems of implementation
of child support assessments and recovery, new problems are also
likely to be created. The research on self-employed parents and
child maintenance, cited above, pointed to the differential which
currently exists between child support regulations, tax rules
and commercial accounting methods, in respect to measurement of
earnings from self-employment. This provides some opportunities
for manipulation of reported income for some parents, in dealing
with the Child Support Agency; but at the same time, some of the
technical rules are such that they threaten the viability of some
kinds of businesses. Addressing such problems requires attention
to the technical measure of income which is used.
2.4 The policy objectives of the Inland
Revenue, in seeking information and measuring income for purposes
of taxation, are different from the policy objectives of a child
support agency, in assessing the monies available to support children.
In addition, the Inland Revenue's approach to self-assessment
has developed in response to the need for overall customer compliance,
and there is a relatively low level of audit of self-assessed
returns from lower earners. This means that if some parents are
to be assessed for child maintenance obligations on the basis
of self-assessed returns to the Inland Revenue, important issues
of equity of treatment will arise between self-employed parents
and employees, and between different self-employed parents.
2.5 There is a strong argument for greater
harmonisation and consistency across all government agencies who
must measure earnings from self-employment, to achieve efficient
and effective regulation, and to encourage cooperation and compliance.
Adopting a "piece-meal approach" by creating links between
agencies in attempts to address specific problems within one agency,
may contribute to eventual harmonisation in the long term. However,
in the short term, this incremental approach may have unintentional
effects of increasing problems for clients and administrators
in other agencies or organisations. It is important that Government
policy-makers understand this:
(The Committee may be interested to know that
the Cabinet Office group which is addressing ways of "Modernising
Public Services" by improving the provision of "joined
up services" has organised a seminar on this topic on 27
September. Policy makers from across various government and non-governmental
agencies and organisations will meet to discuss the basic issues
which must be addressed, to achieve better integration in policy
approaches to measurement of self-employed earnings.)
3. Minimum contributions
3.1 The White Paper continues to propose
the removal of current exemptions for payment of the minimum contribution
from non-resident parents, including those claiming Jobseeker's
Allowance and Income Support (Chapter 2, paragraphs 16-17).
3.2 The Green Paper argued that if the first
family was intact, the child would be receiving support from the
parent whatever the income level of that parent. Missing from
that argument is acknowledgement that if the first family was
intact, the parent claiming subsistence benefit income would be
receiving a component for that child. Among the non-resident parents
who will lose the exemption from minimum payments are parents
who are unable to work because they are disabled or have long-term
health problems. Many such parents will already face additional
costs related to their sickness or impairment.
3.3 There are likely to be dangerous outcomes
for the health and welfare of children in second families if family
incomes are reduced below what have been set as minimum requirements,
by the demand for payments of £5.00 towards children of previous
relationships.
3.4 The comparative study of child maintenance
schemes in Europe, cited above, shows that in schemes governed
by rules or guidelines there is usually either a mechanism to
ensure that a non-resident parent with low income retains a protected
amount of income to meet basic living expenses, or this is decided
by a discretionary decision (Austria, Finland, Germany, Netherlands,
Norway and Sweden).
3.5 The decision to reduce some non-resident
parents' incomes below what have been set as minimum requirements,
including non-resident parents with responsibilities for second
families, and sick and disabled parents, appears contrary to a
government commitment to reduce poverty and social exclusion.
6 September 1999
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