PART IE+W+S GENERAL

Citation, commencement and interpretationE+W+S

1.—(1) These Regulations may be cited as the Child Support (Information, Evidence and Disclosure) Regulations 1992 and shall come into force on 5th April 1993.

(2) In these Regulations, unless the context otherwise requires—

• “the Act” means the Child Support Act 1991;

  “appropriate authority” means—

  (a)

  in relation to housing benefit, the housing or local authority concerned; and

  (b)

  in relation to council tax benefit, the billing authority or, in Scotland, the levying authority;

• [F2“deposit-taker” means a person who, in the course of a business, may lawfully accept deposits in the United Kingdom;]

• [F3“local authority” means, in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and, in relation to Wales, a county council or a county borough council and, in relation to Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;]

  [F4“Maintenance Calculations and Special Cases Regulations” means the Child Support (Maintenance Calculations and Special Cases) Regulations 2000;]

  [F5“Maintenance Calculation Procedure Regulations” means the Child Support (Maintenance Calculation Procedure) Regulations 2000;]

  “parent with care” means a person who, in respect of the same child or children, is both a parent and a person with care;

  “related proceedings” means proceedings in which a relevant court order was or is being sought;

  “relevant court order” means—

  (a)

  an order as to periodical or capital provision or as to variation of property rights made under an enactment specified in paragraphs (a) to (e) of section 8(11) of the Act or prescribed under section 8(11)(f) of the Act in relation to a qualifying child or a relevant person; or

  (b)

  an order under Part II of the Children Act 1989 M3 (Orders With Respect To Children In Family Proceedings) in relation to a qualifying child or, in Scotland, an order under section 3 of the Law Reform (Parent and Child) (Scotland)Act 1986 M4 or a decree of declarator under section 7 of that Act in relation to a qualifying child;

• “relevant person” means—

  (a)

  a person with care;

  (b)

  a [F6non-resident parent];

  (c)

  a parent who is treated as a [F7non-resident parent] under [F8regulation 8 of the Maintenance Calculations and Special Cases Regulations];

  (d)

  where the application for a [F9calculation] is made by a child under section 7 of the Act, that child,

• in respect of whom [F10a maintenance calculation has been applied for, or has been treated as applied for under section 6(3) of the Act, or is or has been in force.]

• [F11“taxable profits” means profits calculated in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 2005.]

(3) In these Regulations, unless the context otherwise requires, a reference—

(a)to a numbered regulation is to the regulation in these Regulations bearing that number;

(b)in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;

(c)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

PART IIE+W+S FURNISHING OF INFORMATION OR EVIDENCE

Persons under a duty to furnish information or evidenceE+W+S

2.—[F12(1) A person falling within a category listed in paragraph (2) shall furnish such information or evidence—

(a)with respect to the matter or matters specified in that paragraph in relation to that category; and

(b)which is in his possession or which he can reasonably be expected to acquire,

as is required by the Secretary of State [F13and is needed for any of the purposes specified in regulation 3(1)].]

[F14(1A) In such cases as the Secretary of State may determine, a person falling within a category listed in paragraph (2) shall furnish such information or evidence as the Secretary of State may determine which is information or evidence—

(a)with respect to the matter or matters specified in that paragraph in relation to that category;

(b)needed by the Secretary of State for the purpose specified in regulation 3(1A); and

(c)in that person’s possession or which that person can reasonably be expected to acquire.]

(2) The persons who may be required to furnish information or evidence, and the matter or matters with respect to which such information or evidence may be required, are as follows—

(a)the relevant persons, with respect to the matters listed in regulation 3(1);

(aa)[F15where regulation 8(1) of the Maintenance Calculations and Special Cases Regulations applies (persons treated as non-resident parents), a parent of or a person who provides day to day care for the child in respect of whom a maintenance calculation has been applied for or has been treated as applied for or is or has been in force, with respect to the matter listed in sub-paragraph (1) of regulation 3(1);]

(b)a person who is alleged to be a parent of a child with respect to whom an application for a maintenance [F16[F17calculation] has been made, or in relation to whom a maintenance [F18calculation has been made, or has been treated as made,] F19... and that person] who denies that he is one of that child’s parents, with respect to the matters listed in sub-paragraphs (b) and (d) of regulation 3(1);

[F20(ba)the current or recent employer of a person falling within sub-paragraph (b), with respect to the matters listed in sub-paragraphs (d) and (e) of regulation 3(1);]

(c)the current or recent employer of the [F21non-resident parent] F22... in relation to whom an application for a maintenance [F23calculation] has been made [F24or in relation to whom a maintenance [F25calculation has been made, or has been treated as made,] F26...], with respect to the matters listed in sub-paragraphs (d), (e), (f), (h)[F27, (hh)] and (j) of regulation 3(1);

[F28(cc) persons employed in the service of the Crown or otherwise in the discharge of Crown functions, where they are the current or recent employer of the [F29non-resident parent] F30... in relation to whom an application for a maintenance [F31calculation] has been made [F32or in relation to whom a maintenance [F33calculation has been made, or has been treated as made,] F34 ...], with respect to the matters listed in sub-paragraphs (d), (e), (f), (h)[F35, (hh)] and (j) of regulation 3(1);

(cd)persons employed in the service of the Crown or otherwise in the discharge of Crown functions, where they are the current or recent employer of a person falling within sup-paragraph (b), with respect to the matters listed in sub-paragraphs (d) and (e) of regulation 3(1);]

(d)the local authority in whose area a person falling within a category listed in sub-paragraphs (a) and (b) above resides or has resided, with respect to the [F36matters] listed in sub-paragraph (a)[F37, (d), (e), (f), (h) and (hh)] of regulation 3(1);

(e)a person specified in paragraph (3) below, in any case where, in relation to the qualifying child or qualifying children or the [F38non-resident parent]—

(i)there is or has been a relevant court order; or

(ii)there have been, or are pending, related proceedings before a court,

[F40(f)a person who acts or has acted as an accountant for the absent parent, including where that person is self-employed, in relation to any business accounts of that parent with respect to the matters listed in sub-paragraphs (e), (f), (h) and (hh) of regulation 3(1);

(g) a company or partnership for whom the absent parent is providing or has provided services under a contract for services with respect to the matters listed in sub-paragraphs (e) and (f) of regulation 3(1); F41 ...

(h)persons employed in the service of the Crown or otherwise in the discharge of Crown functions—

(i)under [F42the Road Traffic (Northern Ireland) Order 1981,] sections 97 to 99A of the Road Traffic Act 1988 or Part II of the Vehicle Excise and Registration Act 1994 with respect to the matter listed in sub-paragraph [F43(d), (e) and (o)] of regulation 3(1); or

(ii) under the Prison Act 1952[F44, the Prison Act (Northern Ireland) 1953 or the Prisons (Scotland) Act 1989] with respect to the matter listed in sub-paragraph (e) of regulation 3(1); F45 ... ]

(i)[F46a credit reference agency within the meaning given by section 145(8) of the Consumer Credit Act 1974 with respect to the matters listed in sub-paragraphs (d), (e), (m)[F47, (n) and (o)] of regulation 3(1).]

[F48(j)a deposit-taker with respect to the matters listed in sub-paragraphs (d), (e), (f) and (o) of regulation 3(1).]

(3) The persons who may be required to furnish information or evidence in relation to a relevant court order or related proceedings under the provisions of paragraph (2)(e) are—

(a)in England and Wales—

(i)in relation to the High Court, the senior district judge of the principal registry of the Family Division or, where proceedings were instituted in a district registry, the district judge;

(ii)in relation to a county court, the proper officer of that court within the meaning of Order 1, Rule 3 of the County Court Rules 1981 M5;

(iii)in relation to a magistrates’ court, the [F49designated officer] for that court;

(b)in Scotland—

(i)in relation to the Court of Session, the Deputy Principal Clerk of Session;

(ii)in relation to a sheriff court, the sheriff clerk.

Purposes for which information or evidence may be requiredE+W+S

3.—(1) The Secretary of State F50... may require information or evidence under the provisions of regulation 2 only if that information or evidence is needed to enable—

(a)a decision to be made as to whether, in relation to an application for a maintenance [F51calculation], there exists a qualifying child, a [F52non-resident parent] and a person with care;

[F53(aa) a decision to be made as to whether there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order [F54 made on or after the date prescribed for the purposes of section 4(10)(a) of the Act which has been in force for at least a year from the date it was made ] , in relation to a qualifying child and the person who is at that time the [F55 non-resident parent ] of that child;

(ab) a decision to be made as to whether a person with care has parental responsibility for a qualifying child for the purposes of section 5(1) of the Act;]

(b)a decision to be made as to whether [F56the Secretary of State] has jurisdiction to make a maintenance [F57calculation] under section 44 of the Act;

(c)a decision to be made, where more than one application has been made, as to which application is to be proceeded with;

(d)a [F58non-resident parent] to be identified;

(e)a [F59non-resident parent] to be traced;

(f)the amount of child support maintenance payable by a [F60non-resident parent] to be [F61calculated];

(g)the amount payable under a relevant court order to be ascertained;

(h)the amounts specified in sub-paragraphs (f) and (g) to be recovered from a [F62non-resident parent];

[F63(hh) a decision to be made as to whether to take action under section 35(1) or 38(1) of the Act or to apply under section 36(1) of the Act for an order for recovery by means of garnishee proceedings or a charging order;]

(i)the amount of interest payable with respect to arrears of child support maintenance to be determined;

(j)the amount specified in sub-paragraph (i) to be recovered from a [F64non-resident parent];

(k)any related proceedings to be identified.

[F65(l) a determination as to who is in receipt of child benefit, payable under Part IX of the Social Security Contributions and Benefits Act 1992, either for a child who may be a relevant other child for the purposes of Schedule 1 to the Act , or for the qualifying child where a parent may fall to be treated as a non-resident parent under the Maintenance Calculations and Special Cases Regulations;]

[F66(m) an assessment of the financial standing of the non-resident parent;

(n)an amount of, or an amount treated as, overpaid child support maintenance, to be recovered in accordance with section 41B of the Act (repayment of overpaid child support maintenance) and regulations made under or by virtue of that section, from a relevant person.]

[F67(o)the collection and enforcement of child support maintenance payable and amounts payable under a relevant court order.]

[F68(1A) The Secretary of State may require information or evidence to be provided under the provisions of regulation 2(1A) only for the purpose of verifying whether information or evidence which he holds, or has held, is correct.]

(2) The information or evidence to be furnished in accordance with regulation 2 may in particular include information and evidence as to—

(a)the habitual residence of the person with care, the [F69non-resident parent] and any child in respect of whom [F70the maintenance calculation has been applied for, or has been treated as applied for];

(b)the name and address of the person with care and of the [F71non-resident parent], their marital [F72or civil partnership] status, and the relationship of the person with care to any child in respect of whom [F73the maintenance calculation has been applied for, or has been treated as applied for];

(c)the name, address and date of birth of any such child, that child’s marital [F72or civil partnership] status, and any education that child is undergoing;

(d)the persons who have parental responsibility for ([F74and], in Scotland, parental rights over) any qualifying child where there is more than one person with care;

(e)the time spent by a qualifying child in respect of whom [F75the maintenance calculation has been applied for, or has been treated as applied for] with each person with care, where there is more than one such person;

(f)the matters relevant for determining, in a case falling within section 26 of the Act (disputes about parentage), whether that case falls within one of the Cases set out in subsection (2) of that section, and if it does not, the matters relevant for determining the parentage of a child whose parentage is in dispute;

(g)the name and address of any current or recent employer of a [F76non-resident parent] F77..., and the gross earnings and the deductions from those earnings deriving from each employment;

(h)the address from which a [F78non-resident parent] F79... who is self-employed carries on his trade or business, the trading name, [F80the F81... taxable profits derived from his employment as a self-employed earner, F82...] and the gross receipts and expenses and other outgoings of the trade or business;

(i)any other income of a [F83non-resident parent] F84...;

F85(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)amounts payable and paid under a relevant court order or a maintenance agreement;

(l)the persons living in the same household as the [F86non-resident parent] F87..., their relationship to the [F88non-resident parent] F89..., and to each other, and, in the case of the children of any such party, the dates of birth of those children;

F90(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93(p). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q)the identifying details of any bank, building society or similar account held in the name of the [F94non-resident parent] F95..., and statements relating to any such account;

(r)the matters relevant for determining whether—

(i)a maintenance [F96calculation] has ceased to have effect F97... under the provisions of paragraph 16 of Schedule 1 to the Act;

(ii)a person is a child within the meaning of section 55 of the Act.

F98(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contents of request for information or evidenceE+W+S

[F993A.   Any request by the Secretary of State in accordance with regulations 2 and 3 for the provision of information or evidence shall set out the possible consequences of failure to provide such information or evidence [F100 including details of the offences provided for in section 14A of the Act for failing to provide, or providing false, information. ]]

Information from an appropriate authority in connection with housing benefit or council tax benefitE+W+S

F1014.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F102 Time within which information or evidence is to be furnishedE+W+S

5.—(1) Subject to F103... the provisions of [F104regulation 3(4) of the Maintenance Calculation Procedure Regulations], information or evidence furnished in accordance with regulations 2 and 3 shall be furnished as soon as is reasonably practicable in the particular circumstances of the case.]

F105(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Continuing duty of persons with careE+W+S

6.   Where a person with care with respect to whom a maintenance [F106calculation] has been made believes that, by virtue of section 44 or 55 of, or paragraph 16 of Schedule 1 to, the Act, the [F107calculation] has ceased to have effect F108..., she shall, as soon as is reasonably practicable, inform the Secretary of State of that belief, and of the reasons for it, and shall provide such other information as the Secretary of State may reasonably require, with a view to assisting the Secretary of State F109... in determining whether the [F110calculation] has ceased to have effect, F111....

Powers of inspectors in relation to Crown residencesE+W+S

7.  Subject to Her Majesty not being in residence, an inspector appointed under section 15 of the Act may enter any Crown premises for the purpose of exercising any powers conferred on him by that section.

PART IIIE+W+S DISCLOSURE OF INFORMATION

Disclosure of information to a court or tribunalE+W+S

8.—[F112(1)]  The Secretary of State F113 ... may disclose any information held by [F114him] for the purposes of the Act to—

(a)a court;

(b)any tribunal or other body or person mentioned in the Act;

F115(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F116(cc)a person with a right of appeal under the Act to an appeal tribunal,]

where such disclosure is made for the purposes of any proceedings before any of those bodies relating to this Act[F117, to the benefit Acts or to the Jobseekers Act 1995].

[F118(2) For the purposes of this regulation “proceedings” includes the determination of an application referred to [F119an] appeal tribunal under section 28D(1)(b) of the Act.]

[F120(3)  The Secretary of State F121 ... may disclose information held by [F122 him ] for the purposes of the Act to a court in any case where—

(a)that court has exercised any power it has to make, vary or revive a maintenance order or to vary a maintenance agreement; and

(b)such disclosure is made for the purposes of any proceedings before that court in relation to that maintenance order or that maintenance agreement or for the purposes of any matters arising out of those proceedings.]

Disclosure of information to an appropriate authority for use in the exercise of housing benefit or council tax benefit functionsE+W+S

F123 9 .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F124Disclosure of information to other personsE+W+S

9A.—(1)  The Secretary of State F125 ... may disclose information [F126 held by him for the purposes of the Act relating to ] one party to a maintenance [F127 calculation ] to another party to that [F128 calculation ] where, in the opinion of the Secretary of State F129 ..., such information is essential to inform the party to whom it would be given as to—

(a)[F130why he has decided not to make a maintenance calculation in response to an application made under section 4 or 7 of the Act or treated as made under section 6 of the Act], or an application for a [F131revision under section 16 of the Act or a decision under section 17 of the Act superseding an earlier decision] has been rejected;

(b)why, although an application for a maintenance [F132calculation] referred to in sub-paragraph (a) has been accepted, that [F133calculation] cannot, at the time in question, be proceeded with or why a maintenance [F134calculation] will not be made following that application;

(c) why a maintenance [F135 calculation ] has ceased to have effect F136 ... , F137 ...;

(d)how a maintenance [F138calculation] has been calculated, in so far as the matter has not been dealt with by the notification given under [F139regulation 23 of the Maintenance Calculation Procedure Regulations].

[F140(e) why a decision has been made not to arrange for, or to cease, collection of any child support maintenance under section 29 of the Act ;

(f) why a particular method of enforcement, under section 31, 33, 35, 36, 38 or 40 of the Act of an amount due under a maintenance [F141 calculation ] has been adopted in a particular case; or

(g) why a decision has been made not to enforce, or to cease to enforce, under section 31 or 33 of the Act the amount due under a maintenance [F142calculation].]

(2) For the purposes of this regulation, “party to a maintenance [F143calculation]” means—

(a)a relevant person;

(b)a person appointed by the Secretary of State under regulation [F14434 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999];

[F145(c)the personal representative of a relevant person where—

(i)a [F146revision, supersession] or appeal was pending at the date of death of that person and the personal representative is dealing with that [F147revision, supersession] or appeal on behalf of that person; or

(ii)an application for a [F148variation] had been made but not determined at the date of death of that person and the personal representative is dealing [F149on behalf of that person with any matters arising in connection with the determination of that application].]

(3)  Any application for information under this regulation shall be made to the Secretary of State F150 ... in writing setting out the reasons for the application.

(4)  Except where a person gives written permission to the Secretary of State F151 ... that the information in relation to him mentioned in sub-paragraphs (a) and (b) below may be conveyed to other persons, any information given under the provisions of paragraph (1) shall not contain—

(a) the address of any person other than the recipient of the information in question (other than the address of the office of [F152 the officer concerned who is exercising functions of the Secretary of State under the Act ) ] or any other information the use of which could reasonably be expected to lead to any such person being located;

(b)any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified,]

Disclosure of information to the Secretary of StateE+W+S

F153 10 .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure of information by a child support officerE+W+S

F154 10A .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment to which section 50 of the Act appliesE+W+S

11.  For the purposes of section 50 of the Act (unauthorised disclosure of information) the following kinds of employment are prescribed in addition to those specified in paragraphs (a) to (e) of section 50(5)—

(a)the Comptroller and Auditor General;

(b)the Parliamentary Commissioner for Administration;

(c)the Health Service Commissioner for England;

F155(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)[F156the Scottish Public Services Ombudsman];

(f)any member of the staff of the National Audit Office;

(g)any other person who carries out the administrative work of that Office, or who provides, or is employed in the provision of, services to it;

(h)any officer of any of the Commissioners [F157or of the Ombudsman] referred to in paragraphs (b) to (e) above; F158...

(i)any person who provides, or is employed in the provision of, services to the Department of Social Security[F159; and

(j)the Public Services Ombudsman for Wales, a member of his or her staff, or another person acting on his or her behalf or assisting him or her in the discharge of any of his or her functions.]

Explanatory Note

(This note is not part of the Regulations)