The Child Support Information Regulations (Northern Ireland) 2008

Made: 2nd October 2008

Coming into operation: 27th October 2008

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 7(4), 16(1) and (3), 46(5), 47(1), 48(4) and 50(1) and (2) of, and paragraph 16(11) of Schedule 1 to, the Child Support (Northern Ireland) Order 1991[^f00001], and now vested in it[^f00002].

PART 1 — GENERAL

Citation and commencement

1

These Regulations may be cited as the Child Support Information Regulations (Northern Ireland) 2008 and shall come into operation on 27th October 2008.

Interpretation

2

• (1) In these Regulations—

• “the Order” means the Child Support (Northern Ireland) Order 1991;

• “appropriate authority” means an authority administering housing benefit;

• “electronic communication” has the same meaning as in section 4(1) of the Electronic Communications Act (Northern Ireland) 2001;

• “Health and Social Services Board” means a Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00003];

• “HSS trust” means a Health and Social Services Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991[^f00004], by which functions are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994[^f00005];

• “the Maintenance Calculation Regulations” means the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012;

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 Article 39 of the Order.

PART 2 — DUTY TO PROVIDE INFORMATION

Information from the applicant

3

A person who has made an application for a maintenance calculation under Article 7 of the Order must furnish such information as the Department requires to enable—

• (a) the non-resident parent to be identified or traced (where that is necessary);

• (b) the amount of child support maintenance payable by the non-resident parent to be calculated; or

• (c) that amount to be recovered from the non-resident parent.

Information from other persons

4

• (1) The persons listed in paragraph (2) must furnish such information or evidence as is required by the Department and is needed—

• (a) for the determination of any application made under the Order or any question arising in connection with such an application;

• (b) for the making of any decision, or in connection with the imposition of any condition or requirement, under that Order; or

• (c) in connection with the collection or enforcement of child support or other maintenance under that Order.

• (2) The persons required to furnish information or evidence are—

• (a) subject to regulation 5, the non-resident parent;

• (b) a current or previous employer of the non-resident parent;

• (c) a person for whom the non-resident parent is providing or has provided services under a contract for services;

• (d) a person who acts or has acted as an accountant for the non-resident parent;

• (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) a credit reference agency within the meaning given by the Consumer Credit Act 1974[^f00009];

• (g) the appropriate authority, the Health and Social Services Board or the HSS trust in whose area the non-resident parent or the person with care resides or has resided;

• (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 1981[^f00010], sections 97 to 99A of the Road Traffic Act 1988[^f00011] or Part II of the Vehicle Excise and Registration Act 1994[^f00012], or

• (ii) under the Prison Act 1952[^f00013], the Prison Act (Northern Ireland) 1953[^f00014] or the Prisons (Scotland) Act 1989[^f00015];

• (i) a person who, in the course of business, may lawfully accept deposits in the United Kingdom;

• (j) a person who, within the meaning of Article 10(1) of the Electricity (Northern Ireland) Order 1992[^f00016], distributes or supplies electricity;

• (k) a person who is the holder of a licence under Article 8(1) of the Gas (Northern Ireland) Order 1996[^f00017] to convey or supply gas through pipes ;

• (ka) a person (“P”)—

• (i) who is carrying on, or who has carried on, share trading or investment management;

• (ii) who is communicating, or who has communicated, in the course of business, an invitation or inducement to engage in share trading or investment management;

• (kb) a person (P’s “intermediary”) who has, or who has had, arrangements with P that P is, or was, to—

• (i) carry on share trading or investment management;

• (ii) communicate, in the course of business, an invitation or inducement to engage in share trading or investment management;

• (kc) except where sub-paragraph (d) applies, a person providing, or who has provided, professional services to the non-resident parent, P or P’s intermediary, in relation to the activities described in sub-paragraph (ka) or (kb);

• (l) a qualifying lender (within the meaning given in Article 14(7) of the Welfare Reform and Work (Northern Ireland) Order 2016);

• (m) a trustee or manager of an occupational or personal pension scheme (within the meaning of section 1(1) of the Pensions Schemes (Northern Ireland) Act 1993).

• (n) the Motor Insurers’ Bureau, a company limited by guarantee, or its officers where officer has the meaning given by section 1173(1) of the Companies Act 2006.

• (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.

• (4) For the purposes of this regulation—

• “the 2001 Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

• “the 2005 Order” means the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005

• “carrying on share trading or investment management” means carrying on a regulated activity referred to in—any of articles 14, 21, 25, 40, 45 , 53 or 55A of the 2001 Order in relation to shares or stock within the meaning of article 76 of that Order;article 37 of the 2001 Order,and an expression referring to this is to be construed accordingly;

• “engage in share trading or investment management” means engaging in an activity referred to in—any of paragraphs 3, 4, 6, 7 or 11 of Part I of Schedule 1 to the 2005 Order in relation to shares or stock within the meaning of paragraph 14 of Part II of Schedule 1 to that Order,paragraph 5 of Part I of Schedule 1 to the 2005 Order;and an expression referring to this is to be construed accordingly;

• “communicate” has the same meaning as in section 21(13) of the Financial Services and Markets Act 2000;

• “in the course of business” and “invitation or inducement” have the same meanings as in the Financial Services and Markets Act 2000;

• “professional services” has the same meaning as in section 327(8) of the Financial Services and Markets Act 2000;

• “regulated activity” has the same meaning as in section 22 of the Financial Services and Markets Act 2000.

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 Article 27(2) of the Order, 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 Department has jurisdiction under Article 41 of the Order 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 Department 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) in relation to the High Court, the Master (Probate and Matrimonial) or the Master (Care and Protection);

• (b) in relation to the county court, the chief clerk;

• (c) in relation to a court of summary jurisdiction, the clerk of petty sessions.

• (3) In paragraph (1), “relevant court order” means—

• (a) an order as to periodical or capital provision or as to variation of property rights made under a statutory provision specified in paragraphs (b) to (dd) of Article 10(11) of the Order, or prescribed under Article 10(11) of that Order 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) an order under Part III of the Children (Northern Ireland) Order 1995[^f00018] (Orders with Respect to Children In Family Proceedings) 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Department to warn of consequences of failing to provide information or providing false information

8

A request by the Department 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 Article 16A[^f00019] of the Order for 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 Department of their new address within seven 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 Article 3 or 41 of, or paragraph 16 of Schedule 1 to, the Order, the calculation has ceased to have effect, that person must, as soon as is reasonably practicable, inform the Department of that belief, and of the reasons for it, and must provide such other information as the Department may reasonably require, with a view to assisting the Department in determining whether the calculation has ceased to have effect.

Powers of inspectors in relation to Crown premises

11

Subject to Her Majesty not being in residence, an inspector appointed under Article 17 of the Order may enter any Crown premises for the purposes of exercising any powers conferred on him by that Article.

PART 3 — DISCLOSURE OF INFORMATION

Disclosure of information to a court or tribunal

12

• (1) The Department may disclose any information held for the purposes of the Order to—

• (a) a court;

• (b) any tribunal or other body or person mentioned in the Order;

• (c) a person with a right of appeal under the Order to an appeal tribunal,

where such disclosure is made for the purposes of any proceedings before any of those bodies relating to the Order, the benefit Acts, the Jobseekers (Northern Ireland) Order 1995[^f00020] or Part 1 of the Welfare Reform Act (Northern Ireland) 2007[^f00021].

• (2) For the purposes of this regulation “proceedings” includes the determination of an application referred to an appeal tribunal under Article 28D(1)(b)[^f00022] of the Order.

• (3) The Department may disclose information held for the purposes of the Order to a court in any case where—

• (a) that court has exercised any power it has to make, vary or revive a maintenance order or to vary a maintenance agreement; and

• (b) such disclosure is made for the purposes of any proceedings before that court in relation to that maintenance order or that maintenance agreement or for the purposes of any matters arising out of those proceedings.

Disclosure of information to other persons

13

• (1) The Department may disclose information held for the purposes of the Order relating to one party to a maintenance calculation to another party to that calculation where, in the opinion of the Department such information is essential to inform the party to whom it would be given as to—

• (a) why it has decided not to make a maintenance calculation in response to an application made under Article 7 of the Order, or an application for a revision under Article 18 of that Order, or a decision under Article 19 of that Order superseding an earlier decision has been rejected;

• (b) why, although an application for a maintenance calculation referred to in sub-paragraph (a) has been made, that calculation cannot, at the time in question, be proceeded with;

• (c) why a maintenance calculation has ceased to have effect;

• (d) how a maintenance calculation has been calculated, in so far as the matter has not been dealt with by the notification given under regulation 25 of the Maintenance Calculation Regulations (notification of a maintenance calculation);

• (e) why a decision has been made not to arrange for, or to cease, collection of any child support maintenance under Article 29 of the Order;

• (f) why a particular method of enforcement under the Order of an amount due under a maintenance calculation has been adopted in a particular case; ...

• (g) why a decision has been made not to enforce, or to cease to enforce, under the Order the amount due under a maintenance calculation.

• (h) why it was decided, in relation to any arrears of child support maintenance, not to accept payment in part in satisfaction of liability for the whole under Article 38D(1) of the Order; or

• (i) why it was decided not to extinguish liability in respect of arrears of child support maintenance under Article 38E(1) of the Order.

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

• (a) a person who has made an application for a maintenance calculation;

• (b) a qualifying child, person with care or non-resident parent in respect of whom an application for a maintenance calculation has been made;

• (c) a person appointed under regulation 34 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[^f00023] (death of a party to an appeal);

• (d) the personal representative of a person mentioned in sub-paragraph (a) or (b) where—

• (i) a revision, supersession or appeal was pending at the date of death of that person and the personal representative is dealing with that revision, supersession or appeal on behalf of that person, or

• (ii) an application for a variation has been made but not determined at the date of death of that person and the personal representative is dealing on behalf of that person with any matters arising in connection with such an application.

• (3) Any application for information under this regulation shall be made to the Department in writing setting out the reasons for the application.

• (4) Except where a person gives written permission to the Department that the information mentioned in sub-paragraphs (a) and (b) below in relation to that person 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 officer concerned who is exercising functions of the Department under the Order) 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 party to the maintenance calculation, being identified.

Employment to which Article 46 of the Order applies

14

For the purposes of Article 46(1C) of the Order, the following kinds of employment are prescribed as kinds of employment to which Article 46(1B) of the Order applies—

• (a) the Comptroller and Auditor General for Northern Ireland;

• (b) any member of staff of the Northern Ireland Audit Office, or any other person who carries out administrative work of that Office, or who provides, or is employed in the provision of, services to it;