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

PART II E+W+S FURNISHING OF INFORMATION OR EVIDENCE

Persons under a duty to furnish information or evidence E+W+S

2.— [F1 (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 [F2 and is needed for any of the purposes specified in regulation 3(1)].]

[F3 (1A) In such cases as the Secretary of State may determine, a person falling within a category listed in paragraph (2) shall furnish such information or evidence as the Secretary of State may determine which is information or evidence—

(a) with respect to the matter or matters specified in that paragraph in relation to that category;

(b) needed by the Secretary of State for the purpose specified in regulation 3(1A); and

(c) in that person’s possession or which that person can reasonably be expected to acquire.]

(2) The persons who may be required to furnish information or evidence, and the matter or matters with respect to which such information or evidence may be required, are as follows—

(a) the relevant persons, with respect to the matters listed in regulation 3(1);

(aa) [F4 where regulation 8(1) of the Maintenance Calculations and Special Cases Regulations applies (persons treated as non-resident parents), a parent of or a person who provides day to day care for the child in respect of whom a maintenance calculation has been applied for or has been treated as applied for or is or has been in force, with respect to the matter listed in sub-paragraph (1) of regulation 3(1);]

(b) a person who is alleged to be a parent of a child with respect to whom an application for a maintenance [F5 [F6 calculation] has been made, or in relation to whom a maintenance [F7 calculation has been made, or has been treated as made,] F8 ... and that person] who denies that he is one of that child’s parents, with respect to the matters listed in sub-paragraphs (b) and (d) of regulation 3(1);

[F9 (ba) the current or recent employer of a person falling within sub-paragraph (b), with respect to the matters listed in sub-paragraphs (d) and (e) of regulation 3(1);]

(c) the current or recent employer of the [F10 non-resident parent] F11 ... in relation to whom an application for a maintenance [F12 calculation] has been made [F13 or in relation to whom a maintenance [F14 calculation has been made, or has been treated as made,] F15 ...], with respect to the matters listed in sub-paragraphs (d), (e), (f), (h)[F16 , (hh)] and (j) of regulation 3(1);

[F17 (cc) persons employed in the service of the Crown or otherwise in the discharge of Crown functions, where they are the current or recent employer of the [F18 non-resident parent] F19 ... in relation to whom an application for a maintenance [F20 calculation] has been made [F21 or in relation to whom a maintenance [F22 calculation has been made, or has been treated as made,] F23 ...], with respect to the matters listed in sub-paragraphs (d), (e), (f), (h)[F24 , (hh)] and (j) of regulation 3(1);

(cd) persons employed in the service of the Crown or otherwise in the discharge of Crown functions, where they are the current or recent employer of a person falling within sup-paragraph (b), with respect to the matters listed in sub-paragraphs (d) and (e) of regulation 3(1);]

(d) the local authority in whose area a person falling within a category listed in sub-paragraphs (a) and (b) above resides or has resided, with respect to the [F25 matters] listed in sub-paragraph (a)[F26 , (d), (e), (f), (h) and (hh)] of regulation 3(1);

(e) a person specified in paragraph (3) below, in any case where, in relation to the qualifying child or qualifying children or the [F27 non-resident parent]—

(i) there is or has been a relevant court order; or

(ii) there have been, or are pending, related proceedings before a court,

with respect to the matters listed in sub-paragraphs [F28 (aa), (ab),] (g), (h) and (k) of regulation 3(1);

[F29 (f) a person who acts or has acted as an accountant for the absent parent, including where that person is self-employed, in relation to any business accounts of that parent with respect to the matters listed in sub-paragraphs (e), (f), (h) and (hh) of regulation 3(1);

(g) a company or partnership for whom the absent parent is providing or has provided services under a contract for services with respect to the matters listed in sub-paragraphs (e) and (f) of regulation 3(1); F30 ...

(h) persons employed in the service of the Crown or otherwise in the discharge of Crown functions—

(i) under [F31 the Road Traffic (Northern Ireland) Order 1981,] sections 97 to 99A of the Road Traffic Act 1988 or Part II of the Vehicle Excise and Registration Act 1994 with respect to the matter listed in sub-paragraph [F32 (d), (e) and (o)] of regulation 3(1); or

(ii) under the Prison Act 1952[F33 , the Prison Act (Northern Ireland) 1953 or the Prisons (Scotland) Act 1989] with respect to the matter listed in sub-paragraph (e) of regulation 3(1); F34 ... ]

(i) [F35 a credit reference agency within the meaning given by section 145(8) of the Consumer Credit Act 1974 with respect to the matters listed in sub-paragraphs (d), (e), (m)[F36 , (n) and (o)] of regulation 3(1).]

[F37 (j) a deposit-taker with respect to the matters listed in sub-paragraphs (d), (e), (f) and (o) of regulation 3(1).]

(3) The persons who may be required to furnish information or evidence in relation to a relevant court order or related proceedings under the provisions of paragraph (2)(e) are—

(a) in England and Wales—

(i) in relation to the High Court, the senior district judge of the principal registry of the Family Division or, where proceedings were instituted in a district registry, the district judge;

(ii) in relation to a county court, the proper officer of that court within the meaning of Order 1, Rule 3 of the County Court Rules 1981 M1 ;

(iii) in relation to a magistrates’ court, the [F38 designated officer] for that court;

(b) in Scotland—

(i) in relation to the Court of Session, the Deputy Principal Clerk of Session;

(ii) in relation to a sheriff court, the sheriff clerk.

Textual Amendments

F1 Reg. 2(1) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 6(a)

F2 Words in reg. 2(1) substituted (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(2)(a)

F3 Reg. 2(1A) substituted (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(2)(b)

F4 Reg. 2(2)(aa) inserted (1.4.2001) by S.I. 2002/1204, reg. 3(b), 4

F5 Words in reg. 2(2)(b) substituted (22.1.1996) by S.I. 1995/3261, reg. 1(2), 7(3)

F6 Words in reg. 2(2)(b) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(c) (with reg. 10)

F7 Words in reg. 2(2)(b) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(c) (with reg. 10)

F8 Words in reg. 2(1)(b) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 6(b)(i)

F9 Reg. 2(2)(ba) inserted (16.2.1995) by S.I. 1995/123, reg. 1(1), 2

F10 Words in reg. 2(2)(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(1) (with reg. 10)

F11 Words in reg. 2(2)(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), 5(2)(a) (with reg. 10)

F12 Words in reg. 2(2)(c) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(c) (with reg. 10)

F13 Words in reg. 2(2)(c) inserted (22.1.1996) by S.I. 1995/3261, reg. 1(2), 7(4)

F14 Words in reg. 2(2)(c) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(c) (with reg. 10)

F15 Words in reg. 2(2)(c) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 6(b)(ii)

F16 Words in reg. 2(2)(c) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(b) (with reg. 10)

F17 Reg. 2(2)(cc)(cd) inserted (18.4.1995) by S.I. 1995/1045, reg. 1(2), 22

F18 Words in reg. 2(2)(cc) 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)

F19 Words in reg. 2(2)(cc) 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), 5(2)(a) (with reg. 10)

F20 Words in reg. 2(2)(cc) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(c) (with reg. 10)

F21 Words in reg. 2(2)(cc) inserted (22.1.1996) by S.I. 1995/3261, reg. 1(2), 7(4)

F22 Words in reg. 2(2)(cc) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(c) (with reg. 10)

F23 Words in reg. 2(2)(cc) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 6(b)(ii)

F24 Words in reg. 2(2)(cc) inserted (13.01.2001, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(b) (with reg. 10)

F25 Words in reg. 2(2)(d) substituted (13.01.2001, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d)(i), 5(2)(d)(i) (with reg. 10)

F26 Words in reg. 2(2)(d) inserted (13.01.2001, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(d)(ii) (with reg. 10)

F27 Words in reg. 2(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), 2(1) (with reg. 10)

F28 Words in reg. 2(2)(c) inserted (5/8/1996) by S.I. 1996/1945, reg. 1(2), 7(3)

F29 Reg. 2(2)(f)-(h) inserted (13.01.2001, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(e) (with reg. 10)

F30 Word in reg. 2(2)(g) omitted (12.7.2006) by virtue of Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520), regs. 1(1), 2(2)(a)

F31 Words in reg. 2(2)(h)(i) inserted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 4(b)(i)

F32 Words in reg. 2(2)(h)(i) substituted (6.4.2008) by Child Support (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/536), regs. 1, 2(3)(a)

F33 Words in reg. 2(2)(h)(ii) inserted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 4(b)(ii)

F34 Word in reg. 2(2)(h)(ii) omitted (6.4.2008) by virtue of Child Support (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/536), regs. 1, 2(3)(b)

F35 Reg. 2(2)(i) inserted (12.7.2006) by Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520), regs. 1(1), 2(2)(c)

F36 Words in reg. 2(2)(i) substituted (6.4.2008) by Child Support (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/536), regs. 1, 2(3)(c)

F37 Reg. 2(2)(j) inserted (6.4.2008) by Child Support (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/536), regs. 1, 2(3)(d)

F38 Words in reg. 2(3)(a) substituted (1.4.2005) by Courts Act 2003 (Consequential Provisions) (No.2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 155

Marginal Citations

M1 S.I. 1981/1687 , to which there are amendments not relevant to these Regulations.

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

3.—(1) The Secretary of State F39 ... 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 [F40 calculation], there exists a qualifying child, a [F41 non-resident parent] and a person with care;

[F42 (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 [F43 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 [F44 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 [F45 the Secretary of State] has jurisdiction to make a maintenance [F46 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 [F47 non-resident parent] to be identified;

(e) a [F48 non-resident parent] to be traced;

(f) the amount of child support maintenance payable by a [F49 non-resident parent] to be [F50 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 [F51 non-resident parent];

[F52 (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 [F53 non-resident parent];

(k) any related proceedings to be identified.

[F54 (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;]

[F55 (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.]

[F56 (o) the collection and enforcement of child support maintenance payable and amounts payable under a relevant court order.]

[F57 (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 [F58 non-resident parent] and any child in respect of whom [F59 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 [F60 non-resident parent], their marital [F61 or civil partnership] status, and the relationship of the person with care to any child in respect of whom [F62 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 [F61 or civil partnership] status, and any education that child is undergoing;

(d) the persons who have parental responsibility for ([F63 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 [F64 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 [F65 non-resident parent] F66 ..., and the gross earnings and the deductions from those earnings deriving from each employment;

(h) the address from which a [F67 non-resident parent] F68 ... who is self-employed carries on his trade or business, the trading name, [F69 the F70 ... taxable profits derived from his employment as a self-employed earner, F71 ...] and the gross receipts and expenses and other outgoings of the trade or business;

(i) any other income of a [F72 non-resident parent] F73 ...;

F74 (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 [F75 non-resident parent] F76 ..., their relationship to the [F77 non-resident parent] F78 ..., and to each other, and, in the case of the children of any such party, the dates of birth of those children;

F79 (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80 (n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81 (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82 (p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q) the identifying details of any bank, building society or similar account held in the name of the [F83 non-resident parent] F84 ..., and statements relating to any such account;

(r) the matters relevant for determining whether—

(i) a maintenance [F85 calculation] has ceased to have effect F86 ... 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.

F87 (s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Words in reg. 3(1) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 7(a)

F40 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)

F41 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)

F42 Reg. 3(1)(aa)(ab) inserted (5.8.1996) by S.I. 1996/1945, reg. 1(2), 8(2)

F43 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)

F44 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)

F45 Words in reg. 3(1)(b) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 7(b)

F46 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)

F47 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)

F48 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)

F49 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)

F50 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)

F51 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)

F52 Reg. 3(1)(hh) inserted (5.8.1996) by S.I. 1996/1945, reg. 1(2), 8(3)

F53 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)

F54 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)

F55 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)

F56 Reg. 3(1)(o) inserted (6.4.2008) by Child Support (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/536), regs. 1, 2(4)

F57 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)

F58 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)

F59 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)

F60 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)

F61 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)

F62 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)

F63 Words in reg. 3(2)(d) substituted (19.1.1998) by S.I. 1998/58, reg. 1(2), 32(a)

F64 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)

F65 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)

F66 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)

F67 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)

F68 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)

F69 Words in reg. 3(2)(h) inserted (4.10.1999) by S.I. 1999/977, art. 1(2), 4(2)

F70 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)

F71 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)

F72 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)

F73 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)

F74 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)

F75 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)

F76 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)

F77 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)

F78 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)

F79 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)

F80 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)

F81 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)

F82 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)

F83 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)

F84 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)

F85 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)

F86 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)

F87 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)

Contents of request for information or evidence E+W+S

[F88 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 [F89 including details of the offences provided for in section 14A of the Act for failing to provide, or providing false, information. ]]

Textual Amendments

F88 Reg. 3A substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 8

F89 Reg. 3A inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 6(3) (with reg. 10)

Information from an appropriate authority in connection with housing benefit or council tax benefit E+W+S

F90 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90 Reg. 4 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(1) (with reg. 10)

[F91 Time within which information or evidence is to be furnished E+W+S

5.— (1) Subject to F92 ... the provisions of [F93 regulation 3(4) of the Maintenance Calculation Procedure Regulations], information or evidence furnished in accordance with regulations 2 and 3 shall be furnished as soon as is reasonably practicable in the particular circumstances of the case.]

F94 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Reg. 5 substituted (22.1.1996) by S.I. 1995/3261, reg. 1(2), 10

F92 Words in reg. 5(1) omitted (1.6.1999) by The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510) reg. 3(1), 9(a).

F93 Words in reg. 5(1) 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)(a) (with reg. 10)

F94 Reg. 5(2) omitted (1.6.1999) by The Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510) reg. 3(1), 9(b)

Continuing duty of persons with care E+W+S

6.   Where a person with care with respect to whom a maintenance [F95 calculation] has been made believes that, by virtue of section 44 or 55 of, or paragraph 16 of Schedule 1 to, the Act, the [F96 calculation] has ceased to have effect F97 ..., she shall, as soon as is reasonably practicable, inform the Secretary of State of that belief, and of the reasons for it, and shall provide such other information as the Secretary of State may reasonably require, with a view to assisting the Secretary of State F98 ... in determining whether the [F99 calculation] has ceased to have effect, F100 ....

Textual Amendments

F95 Words in reg. 6 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)

F96 Words in reg. 6 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)

F97 Words in reg. 6 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)

F98 Words in reg. 6 omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 10

F99 Words in reg. 6 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)

F100 Words in reg. 6 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)

Powers of inspectors in relation to Crown residences E+W+S

7.  Subject to Her Majesty not being in residence, an inspector appointed under section 15 of the Act may enter any Crown premises for the purpose of exercising any powers conferred on him by that section.