The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999

PART III AMENDMENT OF THE CHILD SUPPORT (INFORMATION, EVIDENCE AND DISCLOSURE) REGULATIONS 1992

Amendment of regulation 2

6.  In regulation 2(1) (persons under a duty to furnish information or evidence)—

(a) for paragraph (1) there shall be substituted the following paragraph—

“(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 to enable a decision to be made under section 11, 12, 16 or 17 of the Act.”; and

(b) in paragraph (2)—

(i) in sub-paragraph (b), the words “in respect of which a child support officer is conducting or proposing to conduct a review” shall be omitted; and

(ii) in sub-paragraphs (c) and (cc), the words “and a child support officer is conducting or proposing to conduct a review of that assessment” shall be omitted.

Amendment of regulation 3

7.  In regulation 3(1)(2) (purposes for which information or evidence may be required)—

(a) the words “or a child support officer” shall be omitted; and

(b) in sub-paragraph (b), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.

Substitution of regulation 3A

8.  For regulation 3A(3) (contents of request for information or evidence) there shall be substituted the following regulation—

“3A.   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.”.

Amendment of regulation 5

9.  In regulation 5(4) (time within which information or evidence is to be furnished)—

(a) in paragraph (1)—

(i) the words “paragraph (2) and” shall be omitted; and

(ii) for the words “, 6(1) and 17(5)” there shall be substituted the words “and 6(1)”; and

(b) paragraph (2) shall be omitted.

Amendment of regulation 6

10.  In regulation 6 (continuing duty of persons with care) the words “or a child support officer” shall be omitted.

Amendment of regulation 8

11.  In regulation 8(5) (disclosure of information to a court or tribunal)—

(a) in paragraph (1)—

(i) the words “or a child support officer” shall be omitted;

(ii) for the word “them” there shall be substituted the word “him”; and

(iii) sub-paragraph (c) shall be omitted;

(b) in paragraph (2), for the words “a child support” there shall be substituted the word “an”; and

(c) in paragraph (3)—

(i) the words “or a child support officer” shall be omitted; and

(ii) for the word “them” there shall be substituted the word “him”.

Amendment of regulation 9A

12.  In regulation 9A(6) (disclosure of information to other persons)—

(a) the words “or a child support officer” in each place in which they occur shall be omitted;

(b) in paragraph (1)(a), for the words “review under section 17 or 18 of the Act” there shall be substituted the words “revision under section 16 of the Act or a decision under section 17 of the Act superseding an earlier decision”;

(c) in paragraph (2)—

(i) in sub-paragraph (b), for the words “3A of the Child Support Appeal Tribunals (Procedure) Regulations 1992” there shall be substituted the words “34 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999(7)”; and

(ii) in sub-paragraph (c)(i), for the word “review” in both places in which it occurs there shall be substituted the words “revision, supersession”; and

(d) in paragraph (4)(a), for the words “the child support officer concerned” there shall be substituted the words “the officer concerned who is exercising functions of the Secretary of State under the Act”.

Revocation of regulations 10 and 10A

13.  Regulations 10 (disclosure of information by the Secretary of State) and 10A(8) (disclosure of information by a child support officer) are hereby revoked.

(1)

Regulation 2 was amended by S.I. 1995/123, 1995/1045, 1995/3261 and 1996/1945.

(2)

The relevant amending instruments are S.I. 1995/3261 and 1996/1945.

(3)

Regulation 3A was inserted by S.I. 1995/3261.

(4)

Regulation 5 was substituted by S.I. 1995/3261.

(5)

Regulation 8 was amended by S.I. 1996/2907 and 1998/58.

(6)

Regulation 9A was inserted by S.I. 1995/1045 and amended by S.I. 1995/3261, 1996/2907, 1998/58 and 1999/977.

(7)

S.I. 1999/991.

(8)

Regulations 10 and 10A were substituted for regulation 10 by S.I. 1995/3261 and amended by S.I. 1996/2907.