Reviews and appeals

C416F6Revision of decisions

1

Any decision F23to which subsection (1A) applies may be revised by the F69Secretary of State—

a

either within the prescribed period or in prescribed cases or circumstances; and

b

either on an application made for the purpose or on F69the Secretary of State’s own initiative;

and regulations may prescribe the procedure by which a decision of the F69Secretary of State may be so revised.

F241A

This subsection applies to—

a

a decision of the F70Secretary of State under section 11, 12 or 17;

F30b

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

c

a decision of F43the First-tier Tribunal on a referral under section 28D(1)(b).

1B

Where the F71Secretary of State revises a decision under section 12(1)—

a

F72the Secretary of State may (if appropriate) do so as if F73... revising a decision under section 11; and

b

if F74the Secretary of State does that, F74the decision as revised is to be treated as one under section 11 instead of section 12(1) (and, in particular, is to be so treated for the purposes of an appeal against it under section 20).

2

In making a decision under subsection (1), the F75Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause F76the Secretary of State to act on F77the Secretary of State’s own initiative.

3

Subject to subsections (4) and (5) and section 28ZC, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.

4

Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.

5

Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.

6

Except in prescribed circumstances, an appeal against a decision of the F78Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.

17F7Decisions superseding earlier decisions

1

Subject to subsection (2), the following, namely—

a

any decision of the F79Secretary of State under section 11 or 12 or this section, whether as originally made or as revised under section 16;

b

any decision of F65an appeal tribunal orF44the First-tier Tribunal under section 20; F25...

F31c

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

F20d

any decision of F66an appeal tribunal orF45the First-tier Tribunal on a referral under section 28D(1)(b);

e

any decision of F67a Child Support Commissioner orF46the Upper Tribunal on an appeal from such a decision as is mentioned in paragraph (b) or (d),

may be superseded by a decision made by the F41Commission, either on an application made for the purpose or on F79the Secretary of State’s own initiative.

F1022

The Secretary of State may by regulations make provision with respect to the exercise of the power under subsection (1).

F1023

Regulations under subsection (2) may, in particular—

a

make provision about the cases and circumstances in which the power under subsection (1) is exercisable, including provision restricting the exercise of that power by virtue of change of circumstance;

b

make provision with respect to the consideration by the F98Secretary of State, when acting under subsection (1), of any issue which has not led to F98the Secretary of State's so acting;

c

make provision with respect to procedure in relation to the exercise of the power under subsection (1).

F214

Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which the application was made.

4A

In subsection (4), a “maintenance period” is (except where a different meaning is prescribed for prescribed cases) a period of seven days, the first one beginning on the effective date of the first decision made by the F80Secretary of State under section 11 or (if earlier) F80the Secretary of State’s first default or interim maintenance decision (under section 12) in relation to the non-resident parent in question, and each subsequent one beginning on the day after the last day of the previous one.

5

Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.

F686

In this section—

  • “appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal);

  • “Child Support Commissioner” means a person appointed as such under section 22 (the functions of whom have been transferred to the Upper Tribunal).

F718 Reviews of decisions of child support officers.

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

F719 Reviews at instigation of child support officers.

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

C7C3C5C920F22 Appeals to F47First-tier Tribunal.

1

A qualifying person has a right of appeal to F48the First-tier Tribunal against—

a

a decision of the F81Secretary of State under section 11, 12 or 17 (whether as originally made or as revised under section 16);

b

a decision of the F81Secretary of State not to make a maintenance calculation under section 11 or not to supersede a decision under section 17;

F32c

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

d

the imposition (by virtue of section 41A) of a requirement to make penalty payments, or their amount;

e

the imposition (by virtue of section 47) of a requirement to pay fees.

2

In subsection (1), “qualifying person” means—

a

in relation to paragraphs (a) and (b)—

i

the person with care, or non-resident parent, with respect to whom the F82Secretary of State made the decision, or

ii

in a case relating to a maintenance calculation which was applied for under section 7, either of those persons or the child concerned;

F33b

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

c

in relation to paragraph (d), the parent who has been required to make penalty payments; and

d

in relation to paragraph (e), the person required to pay fees.

F1002A

Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal against a decision mentioned in subsection (1)(a) or (b) only if the F99Secretary of State has considered whether to revise the decision under section 16.

2B

The regulations may in particular provide that that condition is met only where—

a

the consideration by the F99Secretary of State was on an application,

b

the F99Secretary of State considered issues of a specified description, or

c

the consideration by the F99Secretary of State satisfied any other condition specified in the regulations.

C63

A person with a right of appeal under this section shall be given such notice as may be prescribed of—

a

that right; and

b

the relevant decision, or the imposition of the requirement.

C64

Regulations may make—

a

provision as to the manner in which, and the time within which, appeals are to be brought; F49...

F49b

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

F101c

provision that, where in accordance with regulations under subsection (2A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under section 16.

C65

The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.

F346

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

C67

In deciding an appeal under this section, F51the First-tier Tribunal—

a

need not consider any issue that is not raised by the appeal; and

b

shall not take into account any circumstances not obtaining at the time when the F83Secretary of State made the decision or imposed the requirement.

C68

If an appeal under this section is allowed, the F50First-tier Tribunal may—

a

itself make such decision as it considers appropriate; or

b

remit the case to the F84Secretary of State, together with such directions (if any) as it considers appropriate.

F820A Lapse of appeals.

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

F821 Child support appeal tribunals.

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

F5222 Child Support Commissioners.

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

C123 Child Support Commissioners for Northern Ireland.

1

Her Majesty may from time to time appoint a Chief Child Support Commissioner for Northern Ireland and F64other Child Support Commissioners for Northern Ireland.

2

The Chief Child Support Commissioner for Northern Ireland and the other Child Support Commissioners for Northern Ireland shall be appointed from among persons who are barristers or solicitors of not less than F357 years’ standing.

3

Schedule 4 shall have effect with respect to Child Support Commissioners for Northern Ireland F53...

F134

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

F135

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

23AF15Redetermination of appeals.

1

This section applies where an application is made F54to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under section 20.

F552

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

3

If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, F56the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted F57First-tier Tribunal.

4

The “principal parties” are—

F87za

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

a

the Secretary of State; and

b

those who are qualifying persons for the purposes of section 20(2) in relation to the decision in question.

I1C224F58Appeals to Upper Tribunal

C8F421

Each of the following may appeal F59to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-tier Tribunal under section 20 of this Act—

F86a

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

b

the Secretary of State, and

c

any person who is aggrieved by the decision of an appeal tribunal.

F91A

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

F602

Where a question which would otherwise fall to be determined by F85... the Secretary of State under this Act first arises in the course of an appeal to the Upper Tribunal, that tribunal may, if it thinks fit, determine the question even though it has not been considered by F85... the Secretary of State.

F6125 Appeal from Child Support Commissioner on question of law.

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

26 Disputes about parentage.

1

Where a person who is alleged to be a parent of the child with respect to whom an application for a F27maintenance calculation has been made F36... (“the alleged parent”) denies that he is one of the child’s parents, F10the F88Secretary of State shall not make a F27maintenance calculation on the assumption that the alleged parent is one of the child’s parents unless the case falls within one of those set out in subsection (2).

2

The Cases are —

  • F14Case A1

    Where—

    1. a

      the child is habitually resident in England and Wales;

    2. b

      F104the Secretary of State is satisfied that the alleged parent is a man who was married to, or the civil partner of, the child’s mother at some time in the period beginning with the conception and ending with the birth of the child; and

    3. c

      the child has not been adopted.

  • Case A2

    Where—

    1. a

      the child is habitually resident in England and Wales;

    2. b

      the alleged parent has been registered as father of the child under section 10 or 10A of the Births and Deaths Registration Act 1953, or in any register kept under section 13 (register of births and still-births) or section 44 (Register of Corrections Etc) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, or under Article 14 or 18(1)(b)(ii) of the Births and Deaths Registration (Northern Ireland) Order 1976; and

    3. c

      the child has not subsequently been adopted.

  • Case A3

    Where the result of a scientific test (within the meaning of section 27A) taken by the alleged parent would be relevant to determining the child’s parentage, and the alleged parent—

    1. a

      refuses to take such a test; or

    2. b

      has submitted to such a test, and it shows that there is no reasonable doubt that the alleged parent is a parent of the child.

  • Case A

    Where the alleged parent is a parent of the child in question by virtue of having adopted him.

  • F63Case B

    Where the alleged parent is a parent of the child in question by virtue of an order under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 F103or 54A of the Human Fertilisation and Embryology Act 2008 (parental orders).

  • F63Case B1

    Where the Secretary of State is satisfied that the alleged parent is a parent of the child in question by virtue of section 27 or 28 of the Human Fertilisation and Embryology Act 1990 or any of sections 33 to 46 of the Human Fertilisation and Embryology Act 2008 (which relate to children resulting from assisted reproduction).

  • Case C

    Where—

    1. a

      either—

      1. i

        a declaration that the alleged parent is a parent of the child in question (or a declaration which has that effect) is in force under section F1655A or 56 of the M1Family Law Act 1986 F4or Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (declarations of parentage); or

      2. ii

        a declarator by a court in Scotland that the alleged parent is a parent of the child in question (or a declarator which has that effect) is in force; and

    2. b

      the child has not subsequently been adopted.

  • Case D

    F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Case E

    Where—

    1. a

      the child is habitually resident in Scotland;

    2. b

      F11the F88Secretary of State is satisfied that one or other of the presumptions set out in section 5(1) of the M2Law Reform (Parent and Child) (Scotland) Act 1986 applies; and

    3. c

      the child has not subsequently been adopted.

  • Case F

    Where—

    1. a

      the alleged parent has been found, or adjudged, to be the father of the child in question—

      1. i

        in proceedings before any court in England and Wales which are relevant proceedings for the purposes of section 12 of the M3Civil Evidence Act 1968 F5or in proceedings before any court in Northern Ireland which are relevant proceedings for the purposes of section 8 of the Civil Evidence Act (Northern Ireland) 1971; or

      2. ii

        in affiliation proceedings before any court in the United Kingdom,

      (whether or not he offered any defence to the allegation of paternity) and that finding or adjudication still subsists; and

    2. b

      the child has not subsequently been adopted.

3

In this section—

  • “adopted” means adopted within the meaning of Part IV of the M4Adoption Act 1976 F29or Chapter 4 of Part 1 of the Adoption and Children Act 2002 or, in relation to Scotland, Part IV of the M5Adoption (Scotland) Act 1978 F62or Chapter 3 of Part 1 of the Adoption and Children (Scotland) Act 2007 (asp 4); and

  • “affiliation proceedings”, in relation to Scotland, means any action of affiliation and aliment.

27F18Applications for declaration of parentage under Family Law Act 1986.

1

This section applies where—

a

an application for a maintenance calculation has been made F37... , or a maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or calculation was made F37... ;

b

the F89Secretary of State is not satisfied that the case falls within one of those set out in section 26(2); and

c

the F89Secretary of State or the person with care makes an application for a declaration under section 55A of the Family Law Act 1986 as to whether or not the alleged parent is one of the child’s parents.

2

Where this section applies—

a

if it is the person with care who makes the application, she shall be treated as having a sufficient personal interest for the purposes of subsection (3) of that section; and

b

if it is the F90Secretary of State who makes the application, that subsection shall not apply.

3

This section does not apply to Scotland.

27AF3Recovery of fees for scientific tests.

1

This section applies in any case where—

a

an application for a F27maintenance calculation has been made F38... or a F27maintenance calculation is in force;

b

scientific tests have been carried out (otherwise than under a direction or in response to a request) in relation to bodily samples obtained from a person who is alleged to be a parent of a child with respect to whom the application or F28calculation is made F39... ;

c

the results of the tests do not exclude the alleged parent from being one of the child’s parents; and

d

one of the conditions set out in subsection (2) is satisfied.

2

The conditions are that—

a

the alleged parent does not deny that he is one of the child’s parents;

b

in proceedings under F19section 55A of the Family Law Act 1986, a court has made a declaration that the alleged parent is a parent of the child in question; or

c

in an action under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986, brought by the F93Secretary of State by virtue of section 28, a court has granted a decree of declarator of parentage to the effect that the alleged parent is a parent of the child in question.

3

In any case to which this section applies, any fee paid by the F91Secretary of State in connection with scientific tests may be recovered by F91the Secretary of State from the alleged parent as a debt due to the Crown.

4

In this section—

  • “bodily sample” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;

  • “direction” means a direction given by a court under section 20 of the Family Law Reform Act 1969 (tests to determine paternity);

  • “request” means a request made by a court under section 70 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (blood and other samples in civil proceedings); and

  • “scientific tests” means scientific tests made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.

5

Any sum recovered by the F92Secretary of State under this section shall be paid by F92the Secretary of State into the Consolidated Fund.

28 Power of F94Secretary of State to initiate or defend actions of declarator: Scotland.

F11

Subsection (1A) applies in any case where—

a

an application for a F27maintenance calculation has been made F40... , or a F27maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application F26was made F40... or the calculation was made; and

b

F12the F95Secretary of State is not satisfied that the case falls within one of those set out in section 26(2).

1A

In any case where this subsection applies, the F97Secretary of State may bring an action for declarator of parentage under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986.

2

The F96Secretary of State may defend an action for declarator of non-parentage or illegitimacy brought by a person named as the alleged parent in an application for a F27maintenance calculationF2or in a F27maintenance calculation which is in force.

3

This section applies to Scotland only.