Child Support Act 1991

[F1 Decisions and appeals dependent on other cases U.K.

Textual Amendments

F1 Ss. 28ZA, 28ZB 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. 43, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d)

28ZA Decisions involving issues that arise on appeal in other cases U.K.

(1) This section applies where—

(a) a decision by the [F2 Commission] falls to be made under section 11, 12, 16 or 17 F3 ... ; and

[F4 (b) an appeal is pending against a decision given in relation to a different matter by [F5 the Upper Tribunal] or a court.]

(2) If the [F2 Commission] considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some way—

(a) [F6 it] need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;

(b) [F6 it] may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.

(3) Where the [F2 Commission] acts in accordance with subsection (2)(b), following the determination of the appeal [F6 it] shall if appropriate revise [F7 its] decision (under section 16) in accordance with that determination.

(4) For the purposes of this section, an appeal against a decision is pending if—

(a) an appeal against the decision has been brought but not determined;

(b) an application for leave to appeal against the decision has been made but not determined; or

(c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(5) In paragraphs (a), (b) and (c) of subsection (4), any reference to an appeal, or an application for leave to appeal, against a decision includes a reference to—

(a) an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or

(b) an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

Textual Amendments

F2 Word in s. 28ZA substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 22(a); S.I. 2008/2675, art. 3(b)

F3 Words in s. 28ZA(1)(a) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(i)

F4 S. 28ZA(1)(b) 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(11)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F5 Words in s. 28ZA(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 87

F6 Word in s. 28ZA substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 22(b); S.I. 2008/2675, art. 3(b)

F7 Word in s. 28ZA substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 22(c); S.I. 2008/2675, art. 3(b)

28ZB Appeals involving issues that arise on appeal in other cases U.K.

(1) This section applies where—

[F8 (a) an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within section 20(1) is made to [F9 the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal];] and

(b) an appeal (“appeal B”) is pending against a decision given in a different case by [F10 the Upper Tribunal] or a court.

(2) If the [F11 Commission] considers it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, [F12 the Commission] may serve notice requiring the [F13 First-tier Tribunal or Upper Tribunal]—

(a) not to determine appeal A but to refer it to [F14 the Commission]; or

(b) to deal with the appeal in accordance with subsection (4).

(3) Where appeal A is referred to the [F11 Commission] under subsection (2)(a), following the determination of appeal B and in accordance with that determination, [F12 the Commission] shall if appropriate—

(a) in a case where appeal A has not been determined by the [F15 First-tier Tribunal], revise (under section 16) [F16 its] decision which gave rise to that appeal; or

(b) in a case where appeal A has been determined by the [F17 First-tier Tribunal], make a decision (under section 17) superseding the tribunal’s decision.

(4) Where appeal A is to be dealt with in accordance with this subsection, the [F18 First-tier Tribunal or Upper Tribunal] shall either—

(a) stay appeal A until appeal B is determined; or

(b) if the [F19 First-tier Tribunal or Upper Tribunal] considers it to be in the interests of the appellant to do so, determine appeal A as if—

(i) appeal B had already been determined; and

(ii) the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant.

In this subsection “the appellant” means the person who appealed or, as the case may be, first appealed against the decision [F20 or the imposition of the requirement] mentioned in subsection (1)(a).

(5) Where the [F21 First-tier Tribunal or Upper Tribunal] acts in accordance with subsection (4)(b), following the determination of appeal B the [F11 Commission] shall, if appropriate, make a decision (under section 17) superseding the decision of the [F22 First-tier Tribunal or Upper Tribunal] in accordance with that determination.

(6) For the purposes of this section, an appeal against a decision is pending if—

(a) an appeal against the decision has been brought but not determined;

(b) an application for leave to appeal against the decision has been made but not determined; or

(c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(7) In this section—

(a) the reference in subsection (1)(a) to an appeal to [F23 the Upper Tribunal] includes a reference to an application for leave to appeal to [F23 the Upper Tribunal]; and

(b) any reference in paragraph (a), (b) or (c) of subsection (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to—

(i) an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or

(ii) an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

(8) Regulations may make provision supplementing that made by this section.]

Textual Amendments

F8 S. 28ZB(1)(a) 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(12)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F9 Words in s. 28ZB(1)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 88(2)

F10 Words in s. 28ZB(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 88(3)

F11 Word in s. 28ZB substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 23(a); S.I. 2008/2675, art. 3(b)

F12 Words in s. 28ZB substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 23(b); S.I. 2008/2675, art. 3(b)

F13 Words in s. 28ZB(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 88(4)

F14 Words in s. 28ZB substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 23(c); S.I. 2008/2675, art. 3(b)

F15 Words in s. 28ZB(3)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 88(5)

F16 Word in s. 28ZB substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 23(d); S.I. 2008/2675, art. 3(b)

F17 Word in s. 28ZB(3)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 88(5)

F18 Words in s. 28ZB(4) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 88(6)(a)

F19 Words in s. 28ZB(4)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 88(6)(b)

F20 Words in s. 28ZB(4) 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(12)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F21 Words in s. 28ZB(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 88(7)(a)

F22 Words in s. 28ZB(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 88(7)(b)

F23 Words in s. 28ZB(7)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 88(8)