Child Support (Information, Evidence and Disclosure) Regulations 1992
| Year | 1992 |
1992 No. 1812
FAMILY LAW
CHILD SUPPORT
The Child Support (Information, Evidence and Disclosure) Regulations 1992
Made 20th July 1992
Coming into force 5th April 1993
Whereas a draft of this instrument was laid before Parliament in accordance withsection 52(2) of the Child Support Act 19911and approved by a resolution of each House of Parliament:
Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by sections 4(4), 6(9), 7(5), 14(1) and (3), 50(5), 51, 54 and 57 of, and paragraphs 16(10) of Schedule 1 to and 2(4) of Schedule 2 to, the Child Support Act 19912, and of all other powers enabling him in that behalf hereby makes the following Regulations:
PART I
GENERAL
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Child Support (Information, Evidence and Disclosure) Regulations 1992 and shall come into force on 5th April 1993.
(2) In these Regulations, unless the context otherwise requires—
“the Act ” means the Child Support Act 1991;
“appropriate authority ” means—
(a) in relation to housing benefit, the housing or local authority concerned; and
(b) in relation to council tax benefit, the billing authority or, in Scotland, the levying authority;
“local authority ” means, in relation to England and Wales, the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London and, in relation to Scotland, a regional council or an islands council;
“Maintenance Assessments and Special Cases Regulations ” means the Child Support (Maintenance Assessments and Special Cases) Regulations 19923;
“Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 19924;
“parent with care ” means a person who, in respect of the same child or children, is both a parent and a person with care;
“related proceedings ” means proceedings in which a relevant court order was or is being sought;
“relevant court order ” means—
(a) an order as to periodical or capital provision or as to variation of property rights made under an enactment specified in paragraphs (a) to (e) of section 8(11) of the Act or prescribed under section 8(11)(f) of the Act in relation to a qualifying child or a relevant person; or
(b) an order under Part II of the Children Act 19895(Orders With Respect To Children In Family Proceedings) in relation to a qualifying child or, in Scotland, an order under section 3 of the Law Reform (Parent and Child) (Scotland)Act 19866or a decree of declarator under section 7 of that Act in relation to a qualifying child;
“relevant person ” means—
(a) a person with care;
(b) an absent parent;
(c) a parent who is treated as an absent parent under regulation 20 of the Maintenance Assessments and Special Cases Regulations;
(d) where the application for an assessment is made by a child under section 7 of the Act, that child,
in respect of whom a maintenance assessment has been applied for or is or has been in force.
(3) In these Regulations, unless the context otherwise requires, a reference—
(a)
(a) to a numbered regulation is to the regulation in these Regulations bearing that number;
(b)
(b) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
(c)
(c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
PART II
FURNISHING OF INFORMATION OR EVIDENCE
Persons under a duty to furnish information or evidence
2.—(1) Where an application for a maintenance assessment has been made under the Act, a person falling within a category listed in paragraph (2) shall, subject to the restrictions specified in that paragraph, furnish such information or evidence as is required by the Secretary of State and which is needed to enable a determination to be made in relation to one or more of the matters listed in regulation 3(1), and the person concerned has that information or evidence in his possession or can reasonably be expected to acquire that information or evidence.
(2) The persons who may be required to furnish information or evidence, and the matter or matters with respect to which such information or evidence may be required, are as follows—
(a)
(a) the relevant persons, with respect to the matters listed in regulation 3(1);
(b)
(b) a person who is alleged to be a parent of a child with respect to whom an application for a maintenance assessment has been made who denies that he is one of that child’s parents, with respect to the matters listed in sub-paragraphs (b) and (d) of regulation 3(1);
(c)
(c) the current or recent employer of the absent parent or the parent with care in relation to whom an application for a maintenance assessment has been made, with respect to the matters listed in sub-paragraphs (d), (e), (f), (h) and (j) of regulation 3(1);
(d)
(d) the local authority in whose area a person falling within a category listed in sub-paragraphs (a) and (b) above resides or has resided, with respect to the matter listed in sub-paragraph (a) of regulation 3(1);
(e)
(e) a person specified in paragraph (3) below, in any case where, in relation to the qualifying child or qualifying children or the absent parent—
(i) there is or has been a relevant court order; or
(ii) there have been, or are pending, related proceedings before a court,
with respect to the matters listed in sub-paragraphs (g), (h) and (k) of regulation 3(1).
(3) The persons who may be required to furnish information or evidence in relation to a relevant court order or related proceedings under the provisions of paragraph (2)(e) are—
(a)
(a) in England and Wales—
(i) in relation to the High Court, the senior district judge of the principal registry of the Family Division or, where proceedings were instituted in a district registry, the district judge;
(ii) in relation to a county court, the proper officer of that court within the meaning of Order 1, Rule 3 of the County Court Rules 19817;
(iii) in relation to a magistrates' court, the clerk to the justices of that court;
(b)
(b) in Scotland—
(i) in relation to the Court of Session, the Deputy Principal Clerk of Session;
(ii) in relation to a sheriff court, the sheriff clerk.
Purposes for which information or evidence may be required
3.—(1) The Secretary of State may require information or evidence under the provisions of regulation 2 only if that information or evidence is needed to enable—
(a)
(a) a decision to be made as to whether, in relation to an application for a maintenance assessment, there exists a qualifying child, an absent parent and a person with care;
(b)
(b) a decision to be made as to whether a child support officer has jurisdiction to make a maintenance assessment under section 44 of the Act;
(c)
(c) a decision to be made, where more than one application has been made, as to which application is to...
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