The Child Support and Income Support (Amendment) Regulations 1995

Insertion of regulation 9A into the Information, Evidence and Disclosure Regulations E+W+S

24.  After regulation 9 of the Information, Evidence and Disclosure Regulations there shall be inserted the following regulation—

“ Disclosure of information to other persons

9A.— (1) The Secretary of State or a child support officer may disclose information given to him by one party to a maintenance assessment to another party to that assessment where, in the opinion of the Secretary of State or a child support officer, such information is essential to inform the party to whom it would be given as to—

(a) why an application for a maintenance assessment under section 4, 6 or 7 of the Act, or an application for a review under section 17 or 18 of the Act has been rejected;

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

(c) why a maintenance assessment has ceased to have effect or has been cancelled, or;

(d) how a maintenance assessment has been calculated, in so far as the matter has not been dealt with by the notification given under regulation 10 of the Maintenance Assessment Procedure Regulations.

(2) For the purposes of this regulation, “party to a maintenance assessment” means—

(a) a relevant person;

(b) a person appointed by the Secretary of State under regulation 3A of the Child Support Appeal Tribunals (Procedure) Regulations 1992 M1 ;

(c) the personal representative of a relevant person where a review or appeal was pending at the date of death of that person and the personal representative is dealing with that review or appeal on behalf of that person.

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

(4) Except where a person gives written permission to the Secretary of State or a child support officer 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 the child support officer concerned) 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,”.

Marginal Citations

M1 S.I. 1992/2641. Regulation 3A is inserted by regulation 4 of these Regulations.