The reformed scheme (2000 Act) really looks back to the late 20th century.
It is an attempt to put right a scheme (1991 & 1995 Acts), also intended
for the late 20th century, that went badly wrong. It is a scheme focused
on trying to get child support in the UK back under the sort of control
it needed then. It is really just a set of about a dozen "tweaks"
to the current scheme - even the new formula is is just a way of managing
with less evidence, and doesn't introduce any new concepts. It doesn't
contribute to "joined up government" - it doesn't join up to
other systems (family courts, social security, etc) in any novel ways.
The reformed scheme doesn't look forward to the 21st century. Probably
there simply wasn't time and resource to do so - change programmes are
incredibly hard. Perhaps the people designing the scheme lacked the necessary
vision. Political dogma certainly got in the way. This table summarises
some of the ways that the 21st Century is leaving even the reformed scheme
behind.
| Topic |
Reformed scheme |
The 21st Century |
Articles on this web site |
| Service orientation |
The reformed scheme is somewhat based on an assumption that people
need the state to administer things for them.
Administration efficiency takes precedence in the new scheme over
service quality and client-focus.
|
The UK is becoming a service-oriented economy. People understand
the sorts of service levels that can be achieved, especially in
the private sector, and will judge government according to those
levels.
People are also more prepared to pay for services, and pay more
for better services.
|
Flaws
with treating "administrative ease" with priority
|
| Women and men |
Old assumptions about men's and women's roles are still visible.
Some of the thinking still appears to assume that a parent, typically
the mother, will stay at home until the children leave school. (There
is no age dependency for the £10 Income Support disregard,
for example).
The scheme assumes there has to be a parent with care and a non-resident
parent, even if they share care exactly equally. And the parent
with care is the one who claims Child Benefit - which by default
is the mother.
Without even checking their relative incomes, the reformed scheme
assumes by default that the father needs to pay the mother, even
in this case.
|
Not only are women working more, but they also tend to enjoy their
work more than men. This may be because they are more likely to
work part-time. (Lots of generalisations there!)
With working time directives gradually taking effect, and a tendency
for many newer jobs to be part time anyway, and also with more opportunities
to work at home, there will probably be trends towards more equal
patterns of work, with more opportunities for both mothers and fathers
to care for their children.
Childcare is likely to continue to improve, although with glitches
on the way. Government thinking is tending to assume that a parent
should only stay at home until the youngest child goes to school.
"... women will be the breadwinnners in 50% of encoupled households
by 2020" (The Sunday Times, 2001-05-13)
|
Agenda:
Parents should have equal
status by default
Use a symmetrical formula that
treats both parents similarly
Eliminate sex discrimination
from child support
|
| Shared care of children |
The reformed scheme is still built on the "caring parent /
absent parent" model. It makes less & less sense as the
nonresident parent cares for the children more & more.
The formula is grotesquely illogical and unfair anywhere near equal
sharing of care.
|
See above - with more balanced working patterns, especially once
the youngest child is at school, obstacles to shared care will be
reduced.
When parents can get over their mutual animosity, there can be
massive advantages in co-operative shared parenting even after separation.
|
Agenda:
Parents should have equal
status by default
Use a symmetrical formula that
treats both parents similarly
Eliminate sex discrimination
from child support
|
| Children sharing their parents' wealth |
The reformed scheme, like the current scheme, makes most sense
where the bulk of the expenditure on children comprises consumables
and short-term commodities - food and clothes, mainly.
It tries to enable the children to share in their parents' wealth,
or more precisely in the wealth of the nonresident parent, by transferring
ever larger amounts of money as that parent's income rises.
|
The trend is towards basic consumables taking a lower proportion
of families spend.
More and more, the advantages of having wealthy parents will be
seen in environmental factors (better house), more convenient transport
in the family car(s), leisure services (where the children will
often accompany their parents), better education, longer periods
of education, investments for the future, etc.
|
Does it
make sense for children to share the wealth of their parents?
Agenda:
Amounts should relate to
spend on children, not wealth
|
| Taxpayers' / Treasury's interest |
Initially the CSA dealt mainly with benefits cases, and so the
main financial beneficiary was the Treasury because of reduced social
security spending. The primary reason to have an administrative
agency set up at considerable expense was to protect the taxpayers'
/ Treasury's interests.
The scheme is mainly intended to handle benefits cases, and will
still use most of the child support in benefits cases to reduce
social security expenditure rather than to improve the childrens'
lives.
|
In 2001, benefits cases, where social security spending is reduced
by the CSA, are about 40% of the total, and the proportion is falling
year by year. (It fell dramatically when WFTC & DPTC replaced
FC & DWA).
The reformed scheme will have a £10 disregard in it, and
the expected average calculation will be about £30. So as
benefits cases fall towards about one-third, and social security
savings will only be about two-thirds of that one-third, only about
two-ninths (let's say a quarter!) of the CSA business will be on
behalf of the Treasury. The rest will be private business.
|
Agenda:
There should be no Treasury
saving or state compulsion |
| Children's rights & responsibilities |
Apart from clauses intended specifically for Scotland (applying
from 14 onwards), children are treated as passive recipients of
support from the parent with care until they are 16 or 18.
The award is made to the parent with care, and applies to 16 or
18.
|
Children appear to be becoming more financially aware at earlier
ages. The government considers that financial arrangements for them
need to start earlier (cf. "baby bonds").
Children's preferences in family matters and contact and residency
are being recognised well before the upper age limit for the CSA
- more like 14 or younger compared with the CSA's 16 to 18.
But, also, children's demands of their parents are continuing to
higher ages (cf. court cases where children demand support through
higher education).
|
Agenda:
Child support should be formally
awarded to the children |
| Government department structure |
This scheme is built using the social security approach of administration,
and the decision was made to keep the CSA in the DSS instead of
moving it to Inland Revenue.
The minister for Child Support in the DSS had other DSS responsibilities
too.
|
The DSS will soon be dismembered, and will probably disappear.
The Inland Revenue is quite capable of doing the things that were
the stated reasons for keeping the CSA with the DSS (cf. WFTC).
Government wants to break down the silo-mentality of the civil
service towards joined-up government. (They will need to overcome
similar thinking at Cabinet level and be more willing to see their
own empires broken up!)
|
Agenda:
Have closer ties between child
support administration and family courts |
| Government & the private sector |
The processes and the organisational structure of the CSA are still
based on the assumption that the CSA is doing most / all of the
work itself.
|
This is related back to service levels above. It is also related
back to the fact that about three-quarters of child support money
will be private money not Treasury money.
The private sector is much more appropriate for much of the work
of the CSA, and for many of the cases.
|
|
| Re-partnering |
Both the current and the reformed schemes focus on the parent with
care and the children improving their lot by means of Income Support
and/or child support and/or work.
|
Another common way out of poverty for parents
with care is to re-partner. Once this happens, assumptions such as
"children should share in the wealth of their parents" need
clarification. Who are the parents now? Especially if the new
partner is also a nonresident parent? |
Agenda:
Amounts should relate to
spend on children, not wealth
|
| Demographic issues |
The UK, along with the rest of the "Western
World", faces an aging population. Yet increasingly the trend
towards social security in the widest sense relies upon "pay
as you go" economics - the immediate redistribution of taxes
to the poor, needs, and old. |
Low birth rate, even more so after male contraception.
"Birth rate slumps to the lowest on record" (The Times,
2001-05-11)
|
Advances
in male contraception - overview
Agenda:
All children should have
been accepted children
|
| Employment |
Collecting child support from the self-employed
is much harder than from those working for companies. There are the
problems of assessment of income, and the problems of enforcement/compliance. |
What is happening about rates of self-employed
in the economy? Is it making the issue intractable? |
|
| Incentives to work |
The government (quite rightly) wants to minimise
the number of people receiving means-tested benefits as a result of
being out of work. It applies both carrot & stick - the carrot
including tax credits. |
NRP stops work, new partner works & gets WFTC. (cf. Sunday
Times article).
Casualisation, service economy favouring female employees. Fathers
are the primary caregiver in estimated 1 in 20 households. (Projection
- mothers will be the breadwinners in 50% of encoupled households
by 2020 - ST article).
DAD'S THE WORD part 1 (The Sunday Times, 2001-05-13)
DAD'S THE WORD part 2 (The Sunday Times, 2001-05-13)
|
Problems
when the NRP's household claims Working Families Tax Credit
Should Working Families
Tax Credit be included as NRP's net income?
Agenda:
Household benefits/credits
should not be treated as income
|