OpenLegislation

Regulation 9A Disclosure of information to other personsF1F2

(1)

The Secretary of State F3 ... may disclose information F4 held by him for the purposes of the Act relating to one party to a maintenance F5 calculation to another party to that F6 calculation where, in the opinion of the Secretary of State F7 ..., such information is essential to inform the party to whom it would be given as to—

(a)

F8why he has decided not to make a maintenance calculation in response to an application made under section 4 or 7 of the Act or treated as made under section 6 of the Act, or an application for a F9revision under section 16 of the Act or a decision under section 17 of the Act superseding an earlier decision has been rejected;

(b)

why, although an application for a maintenance F10calculation referred to in sub-paragraph (a) has been accepted, that F11calculation cannot, at the time in question, be proceeded with or why a maintenance F12calculation will not be made following that application;

(c)

why a maintenance F13 calculation has ceased to have effect F14 ... , F15 ...;

(d)

how a maintenance F16calculation has been calculated, in so far as the matter has not been dealt with by the notification given under F17regulation 23 of the Maintenance Calculation Procedure Regulations.

(F18e)

why a decision has been made not to arrange for, or to cease, collection of any child support maintenance under section 29 of the Act ;

(f)

why a particular method of enforcement, under section 31, 33, 35, 36, 38 or 40 of the Act of an amount due under a maintenance F19 calculation has been adopted in a particular case; or

(g)

why a decision has been made not to enforce, or to cease to enforce, under section 31 or 33 of the Act the amount due under a maintenance F20calculation.

(2)

For the purposes of this regulation, “party to a maintenance F21calculation” means—

(a)

a relevant person;

(b)

a person appointed by the Secretary of State under regulation F2234 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999;

(F23c)

the personal representative of a relevant person where—

(i)

a F24revision, supersession or appeal was pending at the date of death of that person and the personal representative is dealing with that F25revision, supersession or appeal on behalf of that person; or

(ii)

an application for a F26variation had been made but not determined at the date of death of that person and the personal representative is dealing F27on behalf of that person with any matters arising in connection with the determination of that application.

(3)

Any application for information under this regulation shall be made to the Secretary of State F28 ... in writing setting out the reasons for the application.

(4)

Except where a person gives written permission to the Secretary of State F29 ... 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 F30 the officer concerned who is exercising functions of the Secretary of State under the Act ) 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,

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

Reg. 9A inserted (18.4.1995) by S.I. 1995/1045, reg. 1(2), 24

F3

Words in reg. 9A(1) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 12(a)

F4

Words in reg. 9A(1) substituted (6.4.1999) by S.I. 1999/977, reg. 1(2), 4(4)

F5

Words in reg. 9A(1) 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)

F6

Words in reg. 9A(1) 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)

F7

Words in reg. 9A(1) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 12(a)

F8

Words in reg. 9A(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), 7(3)(a) (with reg. 10)

F9

Words in reg. 9(1)(a) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(b)

F10

Words in reg. 9A(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)

F11

Words in reg. 9A(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)

F12

Words in reg. 9A(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)

F13

Words in reg. 9A(1)(c) 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)

F14

Words in reg. 9A(1)(c) 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), 7(2) (with reg. 10)

F15

Words in reg. 9A(1)(c) omitted (22.1.1996) by virtue of S.I. 1995/3261, reg. 1(2), 11(2)

F16

Words in reg. 9A(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(2) (with reg. 10)

F17

Words in reg. 9A(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), 3(3)(b) (with reg. 10)

F18

Reg. 9A(1)(e)-(g) added (22.1.1996) by S.I. 1995/3261, reg. 1(2), 11(3)

F19

Words in reg. 9A(1)(f) substituted (03.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(2) (with reg. 10)

F20

Words in reg. 9A(1)(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(2) (with reg. 10)

F21

Words in reg. 9A(2) 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)

F22

Words in reg. 9(2)(b) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(c)(i)

F23

Reg. 9A(2)(c) substituted (2.12.1996) by S.I. 1996/2907, reg. 1(1), 64

F24

Words in reg. 9(2)(c)(i) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(c)(ii)

F25

Words in reg. 9(2)(c)(i) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(c)(ii)

F26

Words in reg. 9A(2)(c)(ii) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(4) (with reg. 10)

F27

Words in reg. 9A(2)(c)(ii) substituted (19.1.1998) by S.I. 1998/58, reg. 1(2), 34

F28

Words in reg. 9A(3) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 12(a)

F29

Words in reg. 9A(4) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 12(a)

F30

Words in reg. 9(4)(a) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 12(d)