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

[F1 Disclosure of information to other persons E+W+S

9A.— (1)  The Secretary of State F2 ... may disclose information [F3 held by him for the purposes of the Act relating to ] one party to a maintenance [F4 calculation ] to another party to that [F5 calculation ] where, in the opinion of the Secretary of State F6 ..., such information is essential to inform the party to whom it would be given as to—

(a) [F7 why he has decided not to make a maintenance calculation in response to an application made under section 4 or 7 of the Act or treated as made under section 6 of the Act], or an application for a [F8 revision under section 16 of the Act or a decision under section 17 of the Act superseding an earlier decision] has been rejected;

(b) why, although an application for a maintenance [F9 calculation] referred to in sub-paragraph (a) has been accepted, that [F10 calculation] cannot, at the time in question, be proceeded with or why a maintenance [F11 calculation] will not be made following that application;

(c) why a maintenance [F12 calculation ] has ceased to have effect F13 ... , F14 ...;

(d) how a maintenance [F15 calculation] has been calculated, in so far as the matter has not been dealt with by the notification given under [F16 regulation 23 of the Maintenance Calculation Procedure Regulations].

[F17 (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 Act ;

(f) why a particular method of enforcement, under section 31, 33, 35, 36, 38 or 40 of the Act of an amount due under a maintenance [F18 calculation ] has been adopted in a particular case; or

(g) why a decision has been made not to enforce, or to cease to enforce, under section 31 or 33 of the Act the amount due under a maintenance [F19 calculation].]

(2) For the purposes of this regulation, “party to a maintenance [F20 calculation]” means—

(a) a relevant person;

(b) a person appointed by the Secretary of State under regulation [F21 34 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999];

[F22 (c) the personal representative of a relevant person where—

(i) a [F23 revision, supersession] or appeal was pending at the date of death of that person and the personal representative is dealing with that [F24 revision, supersession] or appeal on behalf of that person; or

(ii) an application for a [F25 variation] had been made but not determined at the date of death of that person and the personal representative is dealing [F26 on behalf of that person with any matters arising in connection with the determination of that application].]

(3)  Any application for information under this regulation shall be made to the Secretary of State F27 ... in writing setting out the reasons for the application.

(4)  Except where a person gives written permission to the Secretary of State F28 ... that the information in relation to him mentioned in sub-paragraphs (a) and (b) below 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 [F29 the officer concerned who is exercising functions of the Secretary of State under the 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 qualifying child or a relevant person, being identified,]

Textual Amendments

F1 Reg. 9A inserted (18.4.1995) by S.I. 1995/1045, reg. 1(2), 24

F2 Words in reg. 9A(1) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 12(a)

F3 Words in reg. 9A(1) substituted (6.4.1999) by S.I. 1999/977, reg. 1(2), 4(4)

F4 Words in reg. 9A(1) 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)

F5 Words in reg. 9A(1) 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)

F6 Words in reg. 9A(1) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 12(a)

F7 Words in reg. 9A(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), 7(3)(a) (with reg. 10)

F8 Words in reg. 9(1)(a) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(b)

F9 Words in reg. 9A(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)

F10 Words in reg. 9A(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)

F11 Words in reg. 9A(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)

F12 Words in reg. 9A(1)(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(2) (with reg. 10)

F13 Words in reg. 9A(1)(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), 7(2) (with reg. 10)

F14 Words in reg. 9A(1)(c) omitted (22.1.1996) by virtue of S.I. 1995/3261, reg. 1(2), 11(2)

F15 Words in reg. 9A(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(2) (with reg. 10)

F16 Words in reg. 9A(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), 3(3)(b) (with reg. 10)

F17 Reg. 9A(1)(e)-(g) added (22.1.1996) by S.I. 1995/3261, reg. 1(2), 11(3)

F18 Words in reg. 9A(1)(f) substituted (03.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(2) (with reg. 10)

F19 Words in reg. 9A(1)(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(2) (with reg. 10)

F20 Words in reg. 9A(2) 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)

F21 Words in reg. 9(2)(b) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(c)(i)

F22 Reg. 9A(2)(c) substituted (2.12.1996) by S.I. 1996/2907, reg. 1(1), 64

F23 Words in reg. 9(2)(c)(i) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(c)(ii)

F24 Words in reg. 9(2)(c)(i) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(c)(ii)

F25 Words in reg. 9A(2)(c)(ii) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(4) (with reg. 10)

F26 Words in reg. 9A(2)(c)(ii) substituted (19.1.1998) by S.I. 1998/58, reg. 1(2), 34

F27 Words in reg. 9A(3) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 12(a)

F28 Words in reg. 9A(4) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 12(a)

F29 Words in reg. 9(4)(a) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(d)