The Social Security (1998 Order) (Commencement No. 6 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999

Amendment of the Child Support (Information, Evidence and Disclosure) Regulations

7.—(1) The Child Support (Information, Evidence and Disclosure) Regulations (Northern Ireland) 1992(1) shall be amended in accordance with paragraphs (2) to (8).

(2) In regulation 2 (persons under a duty to furnish information or evidence)—

(a) for paragraph (1) there shall be substituted the following paragraph—

“(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 Department to enable a decision to be made under Article 13, 14, 18 or 19 of the Order.”; and

(b) in paragraph (2)—

(i) in sub-paragraph (b) “in respect of which a child support officer is conducting or proposing to conduct a review” shall be omitted, and

(ii) in sub-paragraphs (c) and (cc)(2) “and a child support officer is conducting or proposing to conduct a review of that assessment” shall be omitted.

(3) In regulation 3(1) (purposes for which information or evidence may be required)—

(a) “or a child support officer” shall be omitted; and

(b) in sub-paragraph (b) for “a child support officer” there shall be substituted “the Department”.

(4) For regulation 3A(3) (contents of request for information or evidence) there shall be substituted the following regulation—

“Contents of request for information or evidence

3A.   Any request by the Department 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.”.

(5) In regulation 5(4) (time within which information or evidence is to be furnished)—

(a) in paragraph (1) “paragraph (2) and” shall be omitted and for “, 6(1) and 16(5)” there shall be substituted “and 6(1)”; and

(b) paragraph (2) shall be omitted.

(6) In regulation 6 (continuing duty of persons with care) “or a child support officer” shall be omitted.

(7) In regulation 8 (disclosure of information to a court or tribunal)—

(a) in paragraphs (1) and (3)(5) “or a child support officer” shall be omitted and for “them” there shall be substituted “it”;

(b) paragraph (1)(c) shall be omitted; and

(c) in paragraph (2)(6) for “a child support appeal tribunal” there shall be substituted “an appeal tribunal”.

(8) In regulation 9A(7) (disclosure of information to other persons)—

(a) in paragraphs (1), (3) and (4) “or a child support officer” in each place where it occurs shall be omitted;

(b) in paragraph (1)—

(i) for “them” there shall be substituted “it”, and

(ii) in sub-paragraph (a) for “review under Article 19 or 20 of the Order” there shall be substituted “revision under Article 18 of the Order or a decision under Article 19 of the Order superseding an earlier decision”;

(c) in paragraph (2)—

(i) in sub-paragraph (b) for “regulation 3A of the Child Support Appeal Tribunals (Procedure) Regulations (Northern Ireland) 1993” there shall be substituted “regulation 34 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(8))”, and

(ii) in sub-paragraph (c) for head (i) there shall be substituted the following head—

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

(d) in paragraph (4)(a) for “the child support officer concerned” there shall be substituted “the officer concerned who is exercising functions of the Department under the Order”.

(1)

S.R. 1992 No. 339; relevant amending regulations are S.R. 1995 Nos. 162 and 475, S.R. 1996 No. 541, S.R. 1998 No. 8 and S.R. 1999 No. 152

(2)

Sub-paragraph (cc) was inserted by regulation 6(2) of S.R. 1995 No. 162 and amended by S.R. 1995 No. 475

(3)

Regulation 3A was inserted by regulation 2(4) of S.R. 1995 No. 475

(4)

Regulation 5 was substituted by regulation 2(5) of S.R. 1995 No. 475

(5)

Paragraph (3) was added by regulation 2(3)(b) of S.R. 1998 No. 8

(6)

Paragraph (2) was added by regulation 49(2)(b) of S.R. 1996 No. 541

(7)

Regulation 9A was inserted by regulation 6(4) of S.R. 1995 No. 162 and amended by S.R. 1995 No. 475, S.R. 1996 No. 541, S.R. 1998 No. 8 and S.R. 1999 No. 152

(8)

S.R. 1999 No. 162