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

[F1Disclosure of information to other personsE+W+S

9A.(1)  The Secretary of State F2 ... may disclose information [F3 held by him for the purposes of the Act relating to ] one party to a maintenance [F4 calculation ] to another party to that [F5 calculation ] where, in the opinion of the Secretary of State F6 ..., such information is essential to inform the party to whom it would be given as to—

(a)[F7why 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 [F8revision 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 [F9calculation] referred to in sub-paragraph (a) has been accepted, that [F10calculation] cannot, at the time in question, be proceeded with or why a maintenance [F11calculation] will not be made following that application;

(c) why a maintenance [F12 calculation ] has ceased to have effect F13 ... , F14 ...;

(d)how a maintenance [F15calculation] has been calculated, in so far as the matter has not been dealt with by the notification given under [F16regulation 23 of the Maintenance Calculation Procedure Regulations].

[F17(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 [F18 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 [F19calculation].]

(2) For the purposes of this regulation, “party to a maintenance [F20calculation]” means—

(a)a relevant person;

(b)a person appointed by the Secretary of State under regulation [F2134 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999];

[F22(c)the personal representative of a relevant person where—

(i)a [F23revision, supersession] or appeal was pending at the date of death of that person and the personal representative is dealing with that [F24revision, supersession] or appeal on behalf of that person; or

(ii)an application for a [F25variation] had been made but not determined at the date of death of that person and the personal representative is dealing [F26on 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 F27 ... in writing setting out the reasons for the application.

(4)  Except where a person gives written permission to the Secretary of State F28 ... 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 [F29 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,]

Textual Amendments

F1Reg. 9A inserted (18.4.1995) by S.I. 1995/1045, reg. 1(2), 24

F2Words in reg. 9A(1) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 12(a)

F3Words in reg. 9A(1) substituted (6.4.1999) by S.I. 1999/977, reg. 1(2), 4(4)

F4Words in reg. 9A(1) 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)

F5Words in reg. 9A(1) 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)

F6Words in reg. 9A(1) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 12(a)

F7Words in reg. 9A(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), 7(3)(a) (with reg. 10)

F8Words in reg. 9(1)(a) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(b)

F9Words in reg. 9A(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)

F10Words in reg. 9A(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)

F11Words in reg. 9A(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)

F12Words in reg. 9A(1)(c) 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)

F13Words in reg. 9A(1)(c) 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), 7(2) (with reg. 10)

F14Words in reg. 9A(1)(c) omitted (22.1.1996) by virtue of S.I. 1995/3261, reg. 1(2), 11(2)

F15Words in reg. 9A(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(2) (with reg. 10)

F16Words in reg. 9A(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), 3(3)(b) (with reg. 10)

F17Reg. 9A(1)(e)-(g) added (22.1.1996) by S.I. 1995/3261, reg. 1(2), 11(3)

F18Words in reg. 9A(1)(f) substituted (03.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(2) (with reg. 10)

F19Words in reg. 9A(1)(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(2) (with reg. 10)

F20Words in reg. 9A(2) 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)

F21Words in reg. 9(2)(b) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(c)(i)

F22Reg. 9A(2)(c) substituted (2.12.1996) by S.I. 1996/2907, reg. 1(1), 64

F23Words in reg. 9(2)(c)(i) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(c)(ii)

F24Words in reg. 9(2)(c)(i) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(c)(ii)

F25Words in reg. 9A(2)(c)(ii) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(4) (with reg. 10)

F26Words in reg. 9A(2)(c)(ii) substituted (19.1.1998) by S.I. 1998/58, reg. 1(2), 34

F27Words in reg. 9A(3) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 12(a)

F28Words in reg. 9A(4) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 12(a)

F29Words in reg. 9(4)(a) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(d)