The Tribunal Procedure (Amendment No. 3) Rules 2014

Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

35.  For rule 19 (confidentiality in child support or child trust fund cases)(1) and the heading to that rule substitute—

“Confidentiality in social security and child support cases

19.— (1) Paragraph (4) applies to—

(a) proceedings under the Child Support Act 1991(2) in the circumstances described in paragraph (2), other than an appeal against a reduced benefit decision (as defined in section 46(10)(b) of the Child Support Act 1991, as that section had effect prior to the commencement of section 15(b) of the Child Maintenance and Other Payments Act 2008(3));

(b) proceedings where the parties to the appeal include former joint claimants who are no longer living together in the circumstances described in paragraph (3).

(2) The circumstances referred to in paragraph (1)(a) are that the absent parent, non-resident parent or person with care would like their address or the address of the child to be kept confidential and has given notice to that effect—

(a) in the notice of appeal or when notifying the Secretary of State or the Tribunal of any subsequent change of address; or

(b) within 14 days after an enquiry is made by the recipient of the notice of appeal or the notification referred to in sub-paragraph (a).

(3) The circumstances referred to in paragraph (1)(b) are that one of the former joint claimants would like their address to be kept confidential and has given notice to that effect—

(a) in the notice of appeal or when notifying the decision maker or the tribunal of any subsequent change of address; or

(b) within 14 days after an enquiry is made by the recipient of the notice of appeal or the notification referred to in sub-paragraph (a).

(4) Where this paragraph applies, the Secretary of State or other decision maker and the Tribunal must take appropriate steps to secure the confidentiality of the address and of any information which could reasonably be expected to enable a person to identify the address, to the extent that the address or that information is not already known to each other party.

(5) In this rule—

“absent parent”, “non-resident parent” and “person with care” have the meanings set out in section 3 of the Child Support Act 1991(4);

“joint claimants” means the persons who made a joint claim for a jobseeker’s allowance under the Jobseekers Act 1995(5), a tax credit under the Tax Credits Act 2002(6) or in relation to whom an award of universal credit is made under Part 1 of the Welfare Reform Act 2012(7).”

(1)

Rule 19 was amended by S.I. 2012/2007 and S.I. 2013/2067.

(2)

1991 c. 48

(3)

2008 c. 6

(4)

The definition of “non-resident parent” was added by the Child Support, Pensions and Social Security Act 2000 (c. 19), Schedule 3, paragraph 11(2).

(5)

1995 c. 18

(6)

2002 c. 21

(7)

2002 c. 5