The Child Support (Management of Payments and Arrears) Regulations 2009

PART 4 E+W+S Recovery from Estates

Application and interpretation E+W+S

10.—(1) This Part applies in relation to the estate of a person who dies on or after the day on which these Regulations come into force.

(2) In this Part, “child support maintenance” means child support maintenance for the collection of which the [F1 Secretary of State] is authorised to make arrangements.

Textual Amendments

F1 Words in reg. 10(2) 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. 121(9)

Recovery of arrears from a deceased person's estate E+W+S

11.  Arrears of child support maintenance [F2 and collection fees (payable under regulation 7 (the collection fee) of the Child Support Fees Regulations 2014)] for which a deceased person was liable immediately before death are a debt payable by the deceased's executor or administrator out of the deceased's estate to the [F3 Secretary of State].

Textual Amendments

F2 Words in reg. 11 inserted (6.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1386), reg. 6(5) (as amended (24.6.2014) by S.I. 2014/1621, reg. 3)

F3 Words in reg. 11 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. 121(10)

Appeals and other proceedings E+W+S

12.—(1) The deceased's executor or administrator has the same rights, subject to the same procedures and time limits, as the deceased person had immediately before death to institute, continue or withdraw any proceedings under the 1991 Act, whether by appeal or otherwise.

(2) F4 ...

Textual Amendments

F4 Reg. 12(2) omitted (28.10.2013) by virtue of The Social Security, Child Support, Vaccine Damage and Other Payments (Decisions and Appeals) (Amendment) Regulations 2013 (S.I. 2013/2380), regs. 1(2), 7(4) (with reg. 8(1))

Disclosure of information E+W+S

13.—(1) The [F5 Secretary of State] may disclose information held for the purposes of the 1991 Act to the deceased's executor or administrator where, in the opinion of the [F5 Secretary of State], such information is essential to enable the executor or administrator to administer the deceased's estate, including, where necessary, to institute, continue or withdraw proceedings under the 1991 Act.

(2) 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.

(3) Except where a person gives written permission to the [F5 Secretary of State] that the information mentioned in sub-paragraphs (a) and (b) in relation to that person may be disclosed to other persons, any information disclosed under paragraph (1) must not contain—

(a) the address of any person, except that of the recipient of the information in question and the office of the officer concerned who is exercising functions of the [F5 Secretary of State] 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

F5 Words in reg. 13 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. 121(12)