Child Support Act 1991

[F1 3 (1) Subject to sub-paragraphs (2) and (3), section 20 shall apply— U.K.

(a) in relation to a qualifying person who is aggrieved by any decision of the Secretary of State with respect to a departure direction; and

(b) in relation to any person who is aggrieved by a decision of the Secretary of State—

(i) with respect to a reduced benefit direction; or

(ii) with respect to a person’s liability under section 43,

as it applies in relation to a person whose application for a maintenance assessment is refused or to such a person as is mentioned in subsection (2) of section 20.

(2) On an appeal under section 20 as extended by sub-paragraph (1)(a), the appeal tribunal shall—

(a) consider the matter—

(i) as if it were exercising the powers of the Secretary of State in relation to the application in question; and

(ii) as if it were subject to the duties imposed on him in relation to that application;

(b) have regard to any representations made to it by the Secretary of State; and

(c) confirm the decision or replace it with such decision as the tribunal considers appropriate.

(3) No appeal shall lie under section 20 as extended by sub-paragraph (1)(b)(i) unless the amount of the person’s benefit is reduced in accordance with the reduced benefit direction; and the time within which such an appeal may be brought shall run from the date of the notification of the reduction.

(4) In sub-paragraph (1) “qualifying person” means—

(a) the person with care, or absent parent, with respect to whom the current assessment was made; or

(b) where the application for the current assessment was made under section 7, either of those persons or the child concerned.]

Textual Amendments

F1 Sch. 4C 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), s. 87(2), Sch. 7 para. 54; S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(g)(v)