Child Maintenance and Other Payments Act 2008

Social Security Administration Act 1992 (c. 5)

2 (1) The Social Security Administration Act 1992 is amended as follows.

(2) In section 108 (certain maintenance orders to be enforceable by the Secretary of State), for subsection (8) substitute—

“(8) In this section “maintenance order”—

(a) in England and Wales, means—

(i) any order for the making of periodical payments which is, or has at any time been, a maintenance order within the meaning of the Attachment of Earnings Act 1971;

(ii) any order under Part 3 of the Matrimonial and Family Proceedings Act 1984 (overseas divorce) for the making of periodical payments;

(iii) any order under Schedule 7 to the Civil Partnership Act 2004 for the making of periodical payments;

(b) in Scotland, means any order, except an order for the payment of a lump sum, falling within the definition of “maintenance order” in section 106 of the Debtors (Scotland) Act 1987, but disregarding paragraph (h) (alimentary bond or agreement).”

(3) In section 121E (supply of information held by Revenue and Customs to the Secretary of State or the Northern Ireland Department for use for the purposes of functions relating, inter alia, to child support), for subsection (2) substitute—

“(2) Information to which this section applies may, and subject to subsection (2A), must if an authorised officer so requires, be supplied—

(a) to the Secretary of State, or

(b) to a person providing services to the Secretary of State,

for use for the purposes of functions relating to social security, war pensions or employment or training.

(2ZA) Information to which this section applies may, and subject to subsection (2A), must if an authorised officer so requires, be supplied—

(a) to the Northern Ireland Department, or

(b) to a person providing services to that Department,

for use for the purposes of functions relating to social security, child support, war pensions or employment or training.”

(4) In that section, in subsection (2A) (exclusion of power to require supply in case of information for use for the purposes of functions relating to employment or training), after “subsection (2)” insert “or (2ZA)”.

(5) In section 121F (supply to Revenue and Customs of information held by Secretary of State or Northern Ireland Department, including information held for the purposes of functions relating to child support), for subsection (1) substitute—

“(1) This section applies to information which is held for the purposes of functions relating to social security, war pensions or employment or training—

(a) by the Secretary of State, or

(b) by a person providing services to the Secretary of State, in connection with the provision of those services.

(1A) This section also applies to information which is held for the purposes of functions relating to social security, child support, war pensions or employment or training—

(a) by the Northern Ireland Department, or

(b) by a person providing services to that Department, in connection with the provision of those services.”

(6) In section 122 (supply of information held by tax authorities for fraud prevention and verification), in subsection (3) (prohibition of onward supply by recipient, except in specified circumstances), at the end of paragraph (c) insert “or

(d) it is supplied under paragraph 2 of Schedule 6 to the Child Maintenance and Other Payments Act 2008;”.