Immediate Suspension of Child Maintenance Activities
Immediate Suspension of Child Maintenance Activities
To the Prime minister
10 Downing Street
The 5th Day of January 2020
RE: The Launch of Petition for the Immediate Suspension of Child Maintenance Activities following the discovery of ‘indirect’ and ‘direct breaches’ of the Universal Declaration of Human Rights and other discriminating behaviour.
Mr Johnson (PM) & His Representative MP's
I am writing to you and your representative urging the Government of the United Kingdom to consider the suspension of the department named above (CMS) with immediately. To ensure this letter becomes effective with fair acknowledgement given, I will copy a minimum of 50 Members of Parliament to ensure reasonable consideration of this letter given.
For the purpose of this petition, I should remind the Government of the United Kingdom that it cannot and will not dissatisfy the Universal Declaration of Human Rights ‘Article 30’ by implying any deliberate misunderstanding of explicit referencing of any Article within the Universal Declaration of Human Rights by performing any activity that destructs any of the Rights and Freedoms set Forth herein as agreed by the United Kingdom as ratified 10th December 1948.
The Child Maintenance Calculation Regulations 2012
1) Child Support Act 1991 Schedule 1 Part 1 - The General Rule (2) as enforced by The Child Maintenance Calculation Regulations 2012 by notification of Regulation 25 (1) (f) determines the calculations to; Calculate A (the assessable income) of the Absent parent’s but also calculating C (the assessable income of the other parent where that parent is the person with care) before multiplying (P)
The above rule does not make a minus (-) allowance for Reasonable living expenses in accordance with Article 25 (1) of the Universal Declaration of Human Rights whereby; everyone has the right to a standard of living adequate for the health and well being of himself and or his family, including but not limited to (emphasis added) food, clothing & Housing. The Child Maintenance does not Satisfy Article 25 for the following assumption:
A Non Resident Parent (NRP) earning ‘National Minimum Wage (NMW)’ for ages 25+ will earn £8.21 (as per current NMW at the date of this letter) and will work circa 40 hours per week. The Gross Weekly earnings will be £328.40 per week or an annual salary of £17,076.80. Using the Salary Calculator the NRP will take home £291.30 or £1,262.29 each month. The following Liabilities for this level of earnings are as follows:
1 Child - £39.29 per week or £170.16 a month
2 Children - £52.38 per week or £226.88 a month
3 Children - £62.22 per week or £269.39 a month
Because the CMS place calculation gross earnings and not Net earnings, the amount a man would be expected to live on would be (£1,262.29 – £269.39) £992.90.
If the same NRP accrued arrears either justified or valid or with no validation or reasonable substation, the CMS take up to 40% to recover accrued debt. Assume gross value to be (40% of £1,262.29 of the gross monthly earnings) £504.92 leaving the respectable NRP a net take home of (£1,262.29 - £504.92) £757.37.
Where Article 25 – (1) allows everyone the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care, The United Kingdom Government has an obligation to understand the extent of this Article by making reasonable living allowances for NRP’s as part of the Maintenance Calculation. Article 23 (3) of the Universal Declaration of Human Rights makes very clear that everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worth of human dignity and supplemented if necessary, by other means of social protection. For the purpose of Article 23 & 25, family extends to the NRP’s child but would exclude the Children’s RP.
In accordance to the Equality Act 2010 (13) describes discrimination when (6) if the protected characteristic is sex – (b) in a case where Person (B) is a man, no account is to be taken of special treatment afforded to a woman in connection with pregnancy or childbirth. It must be noted and deemed unreasonable for the CMS to make a calculation without taking into account person (B) as described above for the purpose of Child Support Act 1991 schedule 1 (1) and without doing so would be special treatment afforded to a RP as demonstrated within the Equality Act 2010 (13) (6) but treating a man (B) less favourably in his capacity as a farther.
In light of many cases, if Child Maintenance arrear liabilities are placed on NRP’s the Child Maintenance and Other Payments Act 2008 allows the CMS to implement the enforcement of:
1) (section 27) Disqualification for holding or obtaining travel authorisation.
The Universal Declaration of Human Rights (article 13) (2) everyone has the right to leave any country, including his own, and to return to his country. Disqualification for holding or obtaining travel authorisation is a direct breach of Human Rights.
2) Section 28 - Curfew orders.
The Universal Declaration of Human Rights Article 5 whereby – no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. On the basis that a curfew would not in any way assist the recovery of debt, it should be deemed a direct violation of human rights.
3) Section 30 – Disqualification for Driving
40B (A1) the Secretary of state may apply to the court for an order disqualifying a person for holding or obtaining a driving license where a debt is due. This is an indirect violation of Article 23 in cases where a RP is required to use his motor vehicle to exercise his right to favourable remuneration ensuring for himself and his family.
The Child Maintenance Service is also known to fail in providing substantiation when arrears are placed on RP’s. Generally it is unknown if the life changing decision is made directly by the secretary of state (a competent person) or a call handler/case worker who has no financial experience or qualifications relevant to Legal enforcement. It could be assumed that Case workers are not financial advisers or representatives of actual law and would not know how to practice the law. The Operatives of Child Maintenance Service (Case Handlers) are not in any capacity to act with any competence as the Secretary of State’s representative for the purpose of calculations and/or enforcement.
The CMS or a case handler or Call Centre Operative should not have the authority to apply life changing enforcement procedures without the full agreement and Order of a Court which includes but not limited to; Deductions of Earnings orders and any of the enforcement procedures as set out in the Child Maintenance and other Payments Act 2008. Any Enforcement placed on an individual although in breach of the Universal Declaration of Human Rights is unlawful without a Court Order.
For this reason, the Child Maintenance Service is NOT fit for purpose and should be closed down immediately or suspended until the CMS can satisfy the requirements set out in the universal declaration of human rights herein.
The UK is warned of such violation as of the date of this letter and will have 28 days from the date of this letter to suspend all operations of the child Maintenance Service or to satisfy the Declaration. Failure to Suspend or remedy the violations will be deemed a deliberate Act to violate Human Rights and will result in further studies to be carried out at the attention of UN head of states for the implementation of any necessary measures needed including force if the investigating state deems it necessary to re instate the Freedom’s and right’s of the Universal Declaration of Human Rights. The U.K should otherwise consider removing themselves from this treaty if it is unable to satisfy the Article's within.