The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

Confidentiality in child support or child trust fund cases

19.—(1) Paragraph (3) applies to proceedings under the Child Support Act 1991 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(1)).

(2) The circumstances referred to in paragraph (1) 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) to the Secretary of State or the Child Maintenance and Enforcement Commission in the notice of appeal or when notifying any subsequent change of address;

(b) to the Secretary of State or the Child Maintenance and Enforcement Commission, whichever has made the enquiry, within 14 days after an enquiry is made; or

(c) to the Tribunal when notifying any change of address.

(3) Where this paragraph applies, the Secretary of State, the Child Maintenance and Enforcement Commission 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.

(4) Paragraph (6) applies to proceedings under the Child Trust Funds Act 2004(2) in the circumstances described in paragraph (5).

(5) The circumstances referred to in paragraph (4) are that a relevant person would like their address or the address of the eligible child to be kept confidential and has given notice to that effect, or a local authority with parental responsibility in relation to the eligible child would like the address of the eligible child to be kept confidential and has given notice to that effect—

(a) to HMRC in the notice of appeal or when notifying any subsequent change of address;

(b) to HMRC within 14 days after an enquiry by HMRC; or

(c) to the Tribunal when notifying any change of address.

(6) Where this paragraph applies, HMRC 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.

(7) In this rule—

“eligible child” has the meaning set out in section 2 of the Child Trust Funds Act 2004;

“HMRC” means Her Majesty’s Revenue and Customs;

“non-resident parent” and “parent with care” have the meanings set out in section 54 of the Child Support Act 1991;

“parental responsibility” has the meaning set out in section 3(9) of the Child Trust Funds Act 2004; and

“relevant person” has the meaning set out in section 22(3) of the Child Trust Funds Act 2004.

(1)

2008 c.6.

(2)

2004 c.6.