When may the Minister obtain a support debtor's tax, property or immigration data directly from a related agency without the person's consent?
General information · Not legal advice
Material to check
The practice file holds the consent of the support debtor on which the request to a related agency was made, or the decision granting an advance payment of child support together with proof the advance was paid; it also holds the notice telling the debtor that data was provided, and any reply by an agency head refusing the request.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading ties the request to the investigation and to consent: for the investigation of the debtor's income and property needed to verify the debtor's ability to pay child support, the Minister of Gender Equality and Family may request the head of a related agency holding national or local tax, land and building, health insurance, national pension or immigration data to provide that data, and the main clause conditions this on the debtor's consent; the head receiving the request must comply unless there is a justifiable reason.
Another reading turns on the proviso and the duty attached to it: where an advance payment of child support has been decided and the advance paid, the Minister may make the same request without consent, and data received on that footing must be notified to the debtor; the provision assigns the matters needed for that notification, as well as the scope, timing and content of the investigation and questions, to Presidential Decree, so it does not set them itself.
Your judgment
If an agency head refuses a request, what grounds in that agency's file would amount to a justifiable reason under this provision?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change the case in which a request may be made without consent, or if a decision explains when an agency head may decline on a justifiable reason.