Child Support Act 1991

[F1 4 (1) Section 28ZA shall also apply where— U.K.

(a) a decision falls to be made—

(i) with respect to a departure direction, a reduced benefit direction or a person’s liability under section 43, by the Secretary of State; or

(ii) with respect to a departure direction, by an appeal tribunal on a referral under section 28D(1)(b); and

(b) an appeal is pending against a decision given with respect to a different direction by a Child Support Commissioner or a court.

(2) Section 28ZA as it applies by virtue of sub-paragraph (1) shall have effect as if the reference in subsection (3) to section 16 were a reference to that section as extended by paragraph 1.

(3) Section 28ZA as it applies by virtue of sub-paragraph (1)(a)(ii) shall have effect as if—

(a) in subsection (2)—

(i) for the words “the Secretary of State” there were substituted the words “the appeal tribunal”; and

(ii) for the word “he”, in both places where it occurs, there were substituted the word “it”; and

(b) in subsection (3)—

(i) for the words “the Secretary of State” there were substituted the words “the appeal tribunal”;

(ii) for the word “he” there were substituted the words “the Secretary of State”; and

(iii) for the word “his” there were substituted the words “the tribunal's”.]

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)