The Child Support (Information, Evidence and Disclosure) Regulations 1992

Purposes for which information or evidence may be required E+W+S

3.—(1) The Secretary of State F1 ... 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 [F2 calculation], there exists a qualifying child, a [F3 non-resident parent] and a person with care;

[F4 (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 [F5 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 [F6 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 [F7 the Secretary of State] has jurisdiction to make a maintenance [F8 calculation] 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 [F9 non-resident parent] to be identified;

(e) a [F10 non-resident parent] to be traced;

(f) the amount of child support maintenance payable by a [F11 non-resident parent] to be [F12 calculated];

(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 [F13 non-resident parent];

[F14 (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 [F15 non-resident parent];

(k) any related proceedings to be identified.

[F16 (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;]

[F17 (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.]

[F18 (o) the collection and enforcement of child support maintenance payable and amounts payable under a relevant court order.]

[F19 (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 [F20 non-resident parent] and any child in respect of whom [F21 the 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 [F22 non-resident parent], their marital [F23 or civil partnership] status, and the relationship of the person with care to any child in respect of whom [F24 the 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 [F23 or civil partnership] status, and any education that child is undergoing;

(d) the persons who have parental responsibility for ([F25 and], 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 [F26 the 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 [F27 non-resident parent] F28 ..., and the gross earnings and the deductions from those earnings deriving from each employment;

(h) the address from which a [F29 non-resident parent] F30 ... who is self-employed carries on his trade or business, the trading name, [F31 the F32 ... taxable profits derived from his employment as a self-employed earner, F33 ...] and the gross receipts and expenses and other outgoings of the trade or business;

(i) any other income of a [F34 non-resident parent] F35 ...;

F36 (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 [F37 non-resident parent] F38 ..., their relationship to the [F39 non-resident parent] F40 ..., and to each other, and, in the case of the children of any such party, the dates of birth of those children;

F41 (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 (n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43 (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44 (p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q) the identifying details of any bank, building society or similar account held in the name of the [F45 non-resident parent] F46 ..., and statements relating to any such account;

(r) the matters relevant for determining whether—

(i) a maintenance [F47 calculation] has ceased to have effect F48 ... 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.

F49 (s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 3(1) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 7(a)

F2 Words in reg. 3(1)(b) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(2) (with reg. 10)

F3 Words in reg. 3(1)(a) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F4 Reg. 3(1)(aa)(ab) inserted (5.8.1996) by S.I. 1996/1945, reg. 1(2), 8(2)

F5 Words in reg. 3(1)(aa) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 6(1)(a) (with reg. 10)

F6 Words in reg. 3(1)(aa) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F7 Words in reg. 3(1)(b) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 7(b)

F8 Words in reg. 3(1)(b) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(2) (with reg. 10)

F9 Words in reg. 3(1)(d) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F10 Words in reg. 3(1)(e) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F11 Words in reg. 3(1)(f) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F12 Words in reg. 3(1)(f) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(3) (with reg. 10)

F13 Words in reg. 3(1)(h) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F14 Reg. 3(1)(hh) inserted (5.8.1996) by S.I. 1996/1945, reg. 1(2), 8(3)

F15 Words in reg. 3(1)(j) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F16 Reg. 3(1)(l) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 6(1)(b) (with reg. 10)

F17 Reg. 3(1)(m)(n) inserted (12.7.2006) by Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520), regs. 1(1), 2(3)

F18 Reg. 3(1)(o) inserted (6.4.2008) by Child Support (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/536), regs. 1, 2(4)

F19 Reg. 3(1A) inserted (7.1.2004 for specified purposes) by The Child Support (Information, Evidence and Disclosure) Amendment Regulations 2003 (S.I. 2003/3206), reg. 1(2)(3)2(3)

F20 Words in reg. 3(2)(a) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F21 Words in reg. 3(2)(a) substituted (03.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 6(2)(a) (with reg. 10)

F22 Words in reg. 3(2)(b) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F23 Words in reg. 3(2)(b)(c) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 4 para. 1 (with art. 3)

F24 Words in reg. 3(2)(b) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 6(2)(a) (with reg. 10)

F25 Words in reg. 3(2)(d) substituted (19.1.1998) by S.I. 1998/58, reg. 1(2), 32(a)

F26 Words in reg. 3(2)(e) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 6(2)(a) (with reg. 10)

F27 Words in reg. 3(2)(g) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F28 Words in reg. 3(2)(g) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(b)(i) (with reg. 10)

F29 Words in reg. 3(2)(h) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F30 Words in reg. 3(2)(h) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(b)(ii) (with reg. 10)

F31 Words in reg. 3(2)(h) inserted (4.10.1999) by S.I. 1999/977, art. 1(2), 4(2)

F32 Word in reg. 3(2)(h) omitted (1.8.2007) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1979), regs. 1, 3(3)(a)

F33 Words in reg. 3(2)(h) omitted (1.8.2007) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1979), regs. 1, 3(3)(b)

F34 Words in reg. 3(2)(i) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F35 Words in reg. 3(2)(i) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(b)(iii) (with reg. 10)

F36 Reg. 3(2)(j) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(c) (with reg. 10)

F37 Words in reg. 3(2)(l) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F38 Words in reg. 3(2)(l) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(b)(iv) (with reg. 10)

F39 Words in reg. 3(2)(l) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F40 Words in reg. 3(2)(l) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(b)(iv) (with reg. 10)

F41 Reg. 3(2)(m) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(c) (with reg. 10)

F42 Reg. 3(2)(n) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(c) (with reg. 10)

F43 Reg. 3(2)(o) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(c) (with reg. 10)

F44 Reg. 3(2)(p) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(c) (with reg. 10)

F45 Words in reg. 3(2)(q) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F46 Words in reg. 3(2)(q) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(b)(v) (with reg. 10)

F47 Words in reg. 3(2)(r)(i) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(2) (with reg. 10)

F48 Words in reg. 3(2)(r)(i) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(b)(vi) (with reg. 10)

F49 Reg. 3(2)(s) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(c) (with reg. 10)