Child Support Act 1991 (c. 48)

[F1 Cases of error U.K.

Textual Amendments

F1 Ss. 28ZC, 28ZD and cross-heading inserted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 44, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d)

28ZC Restrictions on liability in certain cases of error U.K.

(1) Subject to subsection (2), this section applies where—

(a) the effect of the determination, whenever made, of an appeal to [F2 the Upper Tribunal] or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and

(b) after the date of the relevant determination a decision falls to be made by the [F3 Secretary of State] in accordance with that determination (or would, apart from this section, fall to be so made)—

(i) with respect to an application for a [F4 maintenance calculation] (made after the commencement date) F5 ... ;

(ii) as to whether to revise, under section 16, [F6 any decision (made after the commencement date) referred to in section 16(1A)]; or

(iii) on an application under section 17 (made after the commencement date) for [F7 any decision (made after the commencement date) referred to in section 17(1)].

(2) This section does not apply where the decision of the [F8 Secretary of State] mentioned in subsection (1)(b)—

(a) is one which, but for section 28ZA(2)(a), would have been made before the date of the relevant determination; or

(b) is one made in pursuance of section 28ZB(3) or (5).

(3) In so far as the decision relates to a person’s liability F9 ... in respect of a period before the date of the relevant determination, it shall be made as if the adjudicating authority’s decision had been found by the [F10 Upper Tribunal] or court not to have been erroneous in point of law.

(4) Subsection (1)(a) shall be read as including a case where—

(a) the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and

(b) the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.

(5) It is immaterial for the purposes of subsection (1)—

(a) where such a decision as is mentioned in paragraph (b)(i) falls to be made; or

(b) where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under section 16 or (as the case may be) section 17,

whether the application was made before or after the date of the relevant determination.

(6) In this section—

• “adjudicating authority” means the [F11 Secretary of State], or a child support officer [F12 or, in the case of a decision made on a referral under section 28D(1)(b), [F13 the First-tier Tribunal]];

• “the commencement date” means the date of the coming into force of section 44 of the Social Security Act 1998; and

• “the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in Northern Ireland, the [F14 Supreme Court] or the Court of Justice of the European Community.

(7) The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose.

(8) Regulations made under subsection (7) may include provision—

(a) for a determination of a higher court to be treated as if it had been made on the date of a determination of a lower court or [F15 the Upper Tribunal]; or

(b) for a determination of a lower court or [F16 the Upper Tribunal] to be treated as if it had been made on the date of a determination of a higher court.

Textual Amendments

F2 Words in s. 28ZC(1)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 89(a)

F3 Words in s. 28ZC(1)(b) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 22

F4 Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F5 Words in s. 28ZC(1)(b)(i) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(i)

F6 Words in s. 28ZC(1)(b)(ii) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(13)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F7 Words in s. 28ZC(1)(b)(iii) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(13)(c) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F8 Words in s. 28ZC(2) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 22

F9 Words in s. 28ZC(3) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(i)

F10 Words in s. 28ZC(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 89(b)

F11 Words in s. 28ZC(6) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 22

F12 Words in s. 28ZC(6) inserted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(13)(e) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F13 Words in s. 28ZC(6) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 89(c)

F14 Words in s. 28ZC(6) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 54; S.I. 2009/1604, art. 2(d)

F15 Words in s. 28ZC(8)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 89(d)

F16 Words in s. 28ZC(8)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 89(d)

28ZD Correction of errors and setting aside of decisions U.K.

(1) Regulations may make provision with respect to—

(a) the correction of accidental errors in any decision [F17 of the Secretary of State] or record of a decision [F17 of the Secretary of State] given under this Act; F18 ...

F18 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Nothing in subsection (1) shall be construed as derogating from any power to correct errors F19 ... which is exercisable apart from regulations made by virtue of that subsection.]

Textual Amendments

F17 Words in s. 28ZD(1)(a) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 90(a)(i)

F18 S. 28ZD(1)(b) and preceding word omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 90(a)(ii)

F19 Words in s. 28ZD(2) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 90(b)