OpenLegislation

Regulation 3 Purposes for which information or evidence may be requiredF1

(1)

The Secretary of State F2... may require information or evidence under the provisions of regulation 2 only if that information or evidence is needed to enable—

(a)

a decision to be made as to whether, in relation to an application for a maintenance F3calculation, there exists a qualifying child, a F4non-resident parent and a person with care;

(F5aa)

a decision to be made as to whether there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order F6 made on or after the date prescribed for the purposes of section 4(10)(a) of the Act which has been in force for at least a year from the date it was made , in relation to a qualifying child and the person who is at that time the F7 non-resident parent of that child;

(ab)

a decision to be made as to whether a person with care has parental responsibility for a qualifying child for the purposes of section 5(1) of the Act;

(b)

a decision to be made as to whether F8the Secretary of State has jurisdiction to make a maintenance F9calculation under section 44 of the Act;

(c)

a decision to be made, where more than one application has been made, as to which application is to be proceeded with;

(d)

a F10non-resident parent to be identified;

(e)

a F11non-resident parent to be traced;

(f)

the amount of child support maintenance payable by a F12non-resident parent to be F13calculated;

(g)

the amount payable under a relevant court order to be ascertained;

(h)

the amounts specified in sub-paragraphs (f) and (g) to be recovered from a F14non-resident parent;

(F15hh)

a decision to be made as to whether to take action under section 35(1) or 38(1) of the Act or to apply under section 36(1) of the Act for an order for recovery by means of garnishee proceedings or a charging order;

(i)

the amount of interest payable with respect to arrears of child support maintenance to be determined;

(j)

the amount specified in sub-paragraph (i) to be recovered from a F16non-resident parent;

(k)

any related proceedings to be identified.

(F17l)

a determination as to who is in receipt of child benefit, payable under Part IX of the Social Security Contributions and Benefits Act 1992, either for a child who may be a relevant other child for the purposes of Schedule 1 to the Act , or for the qualifying child where a parent may fall to be treated as a non-resident parent under the Maintenance Calculations and Special Cases Regulations;

(F18m)

an assessment of the financial standing of the non-resident parent;

(n)

an amount of, or an amount treated as, overpaid child support maintenance, to be recovered in accordance with section 41B of the Act (repayment of overpaid child support maintenance) and regulations made under or by virtue of that section, from a relevant person.

(F19o)

the collection and enforcement of child support maintenance payable and amounts payable under a relevant court order.

(F201A)

The Secretary of State may require information or evidence to be provided under the provisions of regulation 2(1A) only for the purpose of verifying whether information or evidence which he holds, or has held, is correct.

(2)

The information or evidence to be furnished in accordance with regulation 2 may in particular include information and evidence as to—

(a)

the habitual residence of the person with care, the F21non-resident parent and any child in respect of whom F22the maintenance calculation has been applied for, or has been treated as applied for;

(b)

the name and address of the person with care and of the F23non-resident parent, their marital F24or civil partnership status, and the relationship of the person with care to any child in respect of whom F25the maintenance calculation has been applied for, or has been treated as applied for;

(c)

the name, address and date of birth of any such child, that child’s marital or civil partnership status, and any education that child is undergoing;

(d)

the persons who have parental responsibility for (F26and, in Scotland, parental rights over) any qualifying child where there is more than one person with care;

(e)

the time spent by a qualifying child in respect of whom F27the maintenance calculation has been applied for, or has been treated as applied for with each person with care, where there is more than one such person;

(f)

the matters relevant for determining, in a case falling within section 26 of the Act (disputes about parentage), whether that case falls within one of the Cases set out in subsection (2) of that section, and if it does not, the matters relevant for determining the parentage of a child whose parentage is in dispute;

(g)

the name and address of any current or recent employer of a F28non-resident parent F29..., and the gross earnings and the deductions from those earnings deriving from each employment;

(h)

the address from which a F30non-resident parent F31... who is self-employed carries on his trade or business, the trading name, F32the F33... taxable profits derived from his employment as a self-employed earner, F34... and the gross receipts and expenses and other outgoings of the trade or business;

(i)

any other income of a F35non-resident parent F36...;

F37(j)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)

amounts payable and paid under a relevant court order or a maintenance agreement;

(l)

the persons living in the same household as the F38non-resident parent F39..., their relationship to the F40non-resident parent F41..., and to each other, and, in the case of the children of any such party, the dates of birth of those children;

F42(m)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(n)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(o)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(p)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q)

the identifying details of any bank, building society or similar account held in the name of the F46non-resident parent F47..., and statements relating to any such account;

(r)

the matters relevant for determining whether—

(i)

a maintenance F48calculation has ceased to have effect F49... under the provisions of paragraph 16 of Schedule 1 to the Act;

(ii)

a person is a child within the meaning of section 55 of the Act.

F50(s)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Regulations revoked (27.10.2008) by The Child Support Information Regulations 2008 (S.I. 2008/2551), regs. 1, 15(1) (with reg. 15(2))

F2

Words in reg. 3(1) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 7(a)

F3

Words in reg. 3(1)(b) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(2) (with reg. 10)

F4

Words in reg. 3(1)(a) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F5

Reg. 3(1)(aa)(ab) inserted (5.8.1996) by S.I. 1996/1945, reg. 1(2), 8(2)

F6

Words in reg. 3(1)(aa) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 6(1)(a) (with reg. 10)

F7

Words in reg. 3(1)(aa) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F8

Words in reg. 3(1)(b) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 7(b)

F9

Words in reg. 3(1)(b) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(2) (with reg. 10)

F10

Words in reg. 3(1)(d) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F11

Words in reg. 3(1)(e) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F12

Words in reg. 3(1)(f) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F13

Words in reg. 3(1)(f) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(3) (with reg. 10)

F14

Words in reg. 3(1)(h) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F15

Reg. 3(1)(hh) inserted (5.8.1996) by S.I. 1996/1945, reg. 1(2), 8(3)

F16

Words in reg. 3(1)(j) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F17

Reg. 3(1)(l) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 6(1)(b) (with reg. 10)

F18

Reg. 3(1)(m)(n) inserted (12.7.2006) by Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520), regs. 1(1), 2(3)

F19

Reg. 3(1)(o) inserted (6.4.2008) by Child Support (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/536), regs. 1, 2(4)

F20

Reg. 3(1A) inserted (7.1.2004 for specified purposes) by The Child Support (Information, Evidence and Disclosure) Amendment Regulations 2003 (S.I. 2003/3206), reg. 1(2)(3)2(3)

F21

Words in reg. 3(2)(a) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F22

Words in reg. 3(2)(a) substituted (03.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 6(2)(a) (with reg. 10)

F23

Words in reg. 3(2)(b) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F24

Words in reg. 3(2)(b)(c) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 4 para. 1 (with art. 3)

F25

Words in reg. 3(2)(b) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 6(2)(a) (with reg. 10)

F26

Words in reg. 3(2)(d) substituted (19.1.1998) by S.I. 1998/58, reg. 1(2), 32(a)

F27

Words in reg. 3(2)(e) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 6(2)(a) (with reg. 10)

F28

Words in reg. 3(2)(g) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F29

Words in reg. 3(2)(g) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(b)(i) (with reg. 10)

F30

Words in reg. 3(2)(h) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F31

Words in reg. 3(2)(h) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(b)(ii) (with reg. 10)

F32

Words in reg. 3(2)(h) inserted (4.10.1999) by S.I. 1999/977, art. 1(2), 4(2)

F33

Word in reg. 3(2)(h) omitted (1.8.2007) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1979), regs. 1, 3(3)(a)

F34

Words in reg. 3(2)(h) omitted (1.8.2007) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1979), regs. 1, 3(3)(b)

F35

Words in reg. 3(2)(i) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F36

Words in reg. 3(2)(i) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(b)(iii) (with reg. 10)

F37

Reg. 3(2)(j) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(c) (with reg. 10)

F38

Words in reg. 3(2)(l) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F39

Words in reg. 3(2)(l) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(b)(iv) (with reg. 10)

F40

Words in reg. 3(2)(l) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F41

Words in reg. 3(2)(l) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(b)(iv) (with reg. 10)

F42

Reg. 3(2)(m) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(c) (with reg. 10)

F43

Reg. 3(2)(n) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(c) (with reg. 10)

F44

Reg. 3(2)(o) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(c) (with reg. 10)

F45

Reg. 3(2)(p) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(c) (with reg. 10)

F46

Words in reg. 3(2)(q) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F47

Words in reg. 3(2)(q) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(b)(v) (with reg. 10)

F48

Words in reg. 3(2)(r)(i) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(2) (with reg. 10)

F49

Words in reg. 3(2)(r)(i) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(b)(vi) (with reg. 10)

F50

Reg. 3(2)(s) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 6(2)(c) (with reg. 10)