The Child Support Information Regulations 2008
2008 No. 2551
Family Law
The Child Support Information Regulations 2008
Made 26th September 2008
Laid before Parliament 2nd October 2008
Coming into force 27th October 2008
The Secretary of State, in exercise of the powers conferred by sections 4(4), 7(5), 14(1) and (3), 50(5), 51(1), 52(4), 54 and 57(1) and (2) of, and paragraph 16(10) of Schedule 1 to, the Child Support Act 19911makes the following Regulations:
PART 1
GENERAL
Citation and commencement
1. These Regulations may be cited as the Child Support Information Regulations 2008 and come into force on 27th October 2008.
Interpretation
2.—(1) In these Regulations—
“the 1991 Act” means the Child Support Act 1991;
“local authority” means, in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and, in relation to Wales, a county council or a county borough council and, in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 19942;
“Maintenance Calculation Procedure Regulations” means the Child Support (Maintenance Calculation Procedure) Regulations 20003;
(2) These Regulations apply to a 1993 scheme case in the same way as they apply to a 2003 scheme case and any references to expressions in the 1991 Act (including “non-resident parent” and “maintenance calculation”) or to regulations made under that Act are to be read, in relation to a 1993 scheme case, with the necessary modifications.
(3) In paragraph (2)—
(a)
(a) “2003 scheme case” means a case in respect of which the provisions of the Child Support, Pensions and Social Security Act 20004have been brought into force in accordance with article 3 of the Child Support, Pensions, and Social Security Act 2000 (Commencement No.12) Order 20035; and
(b)
(b) “1993 scheme case” means a case in respect of which those provisions have not been brought into force.
(4) References in these Regulations to a non-resident parent are to a person who is the non-resident parent in relation to an application for a maintenance calculation or in relation to a maintenance calculation that is or has been in force and includes a person treated as a non-resident parent by virtue of regulations made under section 42 of the 1991 Act.
PART 2
DUTY TO PROVIDE INFORMATION
Information from the applicant
3.—(1) A person who has made an application for a maintenance calculation under section 4 of the 1991 Act must furnish such information as the Commission requires to enable—
(a)
(a) the non-resident parent to be identified or traced (where that is necessary);
(b)
(b) the amount of child support maintenance payable by the non-resident parent to be calculated; or
(c)
(c) that amount to be recovered from the non-resident parent.
(2) A qualifying child who has made an application for a maintenance calculation under section 7 of the 1991 Act (right of a child in Scotland to apply for a calculation) must furnish such information as the Commission requires for any of the purposes, except enabling the non-resident parent to be identified, set out in paragraph (1).
Information from other persons
4.—(1) The persons listed in paragraph (2) must furnish such information or evidence as is required by the Commission and is needed—
(a)
(a) for the determination of any application made under the 1991 Act or any question arising in connection with such an application;
(b)
(b) for the making of any decision, or in connection with the imposition of any condition or requirement, under that Act; or
(c)
(c) in connection with the collection or enforcement of child support or other maintenance under that Act.
(2) The persons required to furnish information or evidence are—
(a)
(a) subject to regulation 5, the non-resident parent;
(b)
(b) a current or previous employer of the non-resident parent;
(c)
(c) a person for whom the non-resident parent is providing or has provided services under a contract for services;
(d)
(d) a person who acts or has acted as an accountant for the non-resident parent;
(e)
(e) a person, other than the applicant, who provides day to day care for a child in respect of whom an application for a maintenance calculation has been made or in respect of whom a maintenance calculation is or has been in force;
(f)
(f) a credit reference agency within the meaning given by the Consumer Credit Act 19746;
(g)
(g) a local authority in whose area the non-resident parent or the person with care resides or has resided;
(h)
(h) persons employed in the service of the Crown or otherwise in the discharge of Crown functions—
(i) under the Road Traffic (Northern Ireland) Order 19817, sections 97 to 99A of the Road Traffic Act 19888or Part II of the Vehicle Excise and Registration Act 19949; or
(ii) under the Prison Act 195210, the Prison Act (Northern Ireland) 195311or the Prisons (Scotland) Act 198912;
(i)
(i) a person who, in the course of business, may lawfully accept deposits in the United Kingdom;
(j)
(j) a person who, within the meaning of the Electricity Act 198913, distributes or supplies electricity;
(k)
(k) a person who is the holder of a licence under section 7 of the Gas Act 198614to convey gas through pipes or the holder of a licence under section 7A(1) of that Act to supply gas through pipes.
(3) The persons mentioned in paragraph (2) (b) and (c) include persons employed in the service of the Crown or otherwise in the discharge of Crown functions.
Information from persons denying parentage
5. Where a person is alleged to be, but denies being, the parent of a child in respect of whom an application for a maintenance calculation has been made, unless the case falls within one of those set out in section 26(2) of the 1991 Act (disputes about parentage), the information or evidence which that person may be required to furnish is limited to what is needed for the purposes of enabling the non-resident parent to be identified or to enable a decision to be made as to whether the Commission has jurisdiction under section 44 to make a maintenance calculation.
Information from a court
6.—(1) Where there is or has been a relevant court order, or there have been proceedings in which such an order was sought or where such proceedings are pending, the persons mentioned in paragraph (2) must furnish such information or evidence in relation to that order or those proceedings as is required by the Commission and is needed for any of the purposes mentioned in regulation 4(1).
(2) The persons who are required to furnish information or evidence 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 Courts Rules 198115;
(iii) in relation to a magistrates’ court, the designated officer for 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.
(3) In paragraph (1) “relevant court order” means—
(a)
(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 (ea) of section 8(11) of the 1991 Act or prescribed under section 8(11) of that Act in relation to a person who has made an application for a maintenance calculation or a qualifying child, person with care or non-resident parent in relation to such an application;
(b)
(b) an order under Part II of the Children Act 198916(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 198617or a decree of declarator under section 7 of that Act in relation to a qualifying child.
Duty of persons from whom information requested
7.—(1) Persons required to furnish information or evidence under regulations 3 to 6 must furnish the information or evidence requested if it is in their possession or they can reasonably be expected to acquire it.
(2) The information must be furnished as soon as is reasonably practicable in the particular circumstances of the case.
(3) Paragraph (2) is subject to regulation 3(4) of the Maintenance Calculation Procedure Regulations (which provides for a time limit where additional information is requested in relation to an ineffective application).
Commission to warn of consequences of failing to provide information or providing false information
8. A request by the Commission under regulations 3 to 6 must set out the possible consequences of failure to provide the information or evidence, including details of the offences provided for in section 14A of the 1991 Act18for failing to provide, or providing false, information.
Duty to notify change of address
9. Persons who are liable to make payments of child support maintenance must, if they change their address, notify the Commission of their new address within 7 days of the change.
Continuing duty of person with care
10. Where a person with care with respect to whom a maintenance calculation has been made believes that, by virtue of section 44 or 55 of, or paragraph 16 of Schedule 1 to, the 1991 Act, the calculation has ceased to have effect, that person must, as soon as is reasonably practicable, inform the Commission of...
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