The Child Support Information Regulations 2008

Disclosure of information to other persons

13.—(1) The [F1 Secretary of State] may disclose information held for the purposes of the 1991 Act relating to one party to a maintenance calculation to another party to that calculation where, in the opinion of the [F1 Secretary of State], such information is essential to inform the party to whom it would be given as to—

(a) why [F2 the Secretary of State] has decided not to make a maintenance calculation in response to an application made under section 4 or 7 of the 1991 Act, or an application for a revision under section 16 of that Act or a decision under section 17 of that Act superseding an earlier decision has been rejected;

(b) why, although an application for a maintenance calculation referred to in sub-paragraph (a) has been made, that calculation cannot, at the time in question, be proceeded with;

(c) why a maintenance calculation has ceased to have effect;

(d) how a maintenance calculation has been calculated, in so far as the matter has not been dealt with by the notification given under regulation 23 of the Maintenance Calculation Procedure Regulations;

(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 1991 Act;

(f) why a particular method of enforcement under the 1991 Act of an amount due under a maintenance calculation has been adopted in a particular case; F3 ...

(g) why a decision has been made not to enforce, or to cease to enforce, under the 1991 Act the amount due under a maintenance calculation.

[F4 (h) why it was decided, in relation to any arrears of child support maintenance, not to accept payment in part in satisfaction of liability for the whole under section 41D(1) of the 1991 Act; or

(i) why it was decided not to extinguish liability in respect of arrears of child support maintenance under section 41E(1) of the 1991 Act.]

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

(a) a person who has made an application for a maintenance calculation;

(b) a qualifying child, person with care or non-resident parent in respect of whom an application for a maintenance calculation has been made;

(c) a person appointed under regulation 34 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 M1 (death of party to an appeal);

(d) the personal representative of a person mentioned in sub-paragraph (a) or (b) where—

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

(ii) an application for a variation has been made but not determined at the date of death of that person and the personal representative is dealing on behalf of that person with any matters arising in connection with such an application.

(3) Any application for information under this regulation shall be made to the [F5 Secretary of State] in writing setting out the reasons for the application.

(4) Except where a person gives written permission to the [F5 Secretary of State] that the information mentioned in sub-paragraphs (a) and (b) below in relation to that person 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 the officer concerned who is exercising functions of the Commission under the 1991 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 party to the maintenance calculation, being identified.

Textual Amendments

F1 Words in reg. 13(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 116(10)(a)

F2 Words in reg. 13(1)(a) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 116(10)(a)

F3 Word in reg. 13(1) omitted (8.10.2012 for specified purposes by virtue of 2008 c. 6, ss. 32, 33 being brought into force for specified purposes on that date by S.I. 2012/2523, art. 2(2)(d)) by virtue of The Child Support Management of Payments and Arrears (Amendment) Regulations 2012 (S.I. 2012/3002), regs. 1, 3(2)

F4 Reg. 13(1)(h)-(i) inserted (8.10.2012 for specified purposes by virtue of 2008 c. 6, ss. 32, 33 being brought into force for specified purposes on that date by S.I. 2012/2523, art. 2(2)(d)) by The Child Support Management of Payments and Arrears (Amendment) Regulations 2012 (S.I. 2012/3002), regs. 1, 3(3)

F5 Words in reg. 13(3)(4) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 116(10)(b)

Marginal Citations

M1 S.I. 1999/991.