The Child Support (Maintenance Assessment Procedure) Regulations 1992

[F1 Revision of decisions

17.— (1) Subject to paragraphs (6) and (8), any decision may be revised by the Secretary of State–

(a) if the Secretary of State receives an application for the revision of a decision under section 16 of the Act F2 ... [F3 either—

(i) within one month of the date of notification of the decision;

(ii) within one month of the date on which notice of the correction is given under regulation 53A(3) (correction of accidental errors); or

(iii) within such longer time as may be allowed by regulation 18;]

(b) if–

(i) the Secretary of State notifies a person, who applied for a decision to be revised within the period specified in sub-paragraph (a), that the application is unsuccessful because the Secretary of State is not in possession of all of the information or evidence needed to make a decision; and

(ii) that person reapplies for a decision to be revised within one month of the notification described in head (i) above, or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case, and provides in that application sufficient evidence or information to enable a decision to be made;

(c) if the decision arose from an official error;

(d) if the Secretary of State is satisfied that the original decision was erroneous due to a misrepresentation of, or failure to disclose, a material fact and that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error; F4 ...

(e) if the Secretary of State commences action leading to the revision of a decision within one month of the date of notification of the decision; [F5 or]

[F5 (f) if an appeal is made under section 20 of the Act against a decision within the time prescribed [F6 by the Tribunal Procedure Rules], but the appeal has not been determined.]

(2) A decision may be revised by the Secretary of State in consequence of a departure direction where that departure direction takes effect on the effective date.

(3) Subject to regulation 20(6) a decision of the Secretary of State under section 12 of the Act may be revised where–

(a) the Secretary of State receives information which enables him to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act for the whole of the period beginning with the effective date applicable to a particular case; or

(b) the Secretary of State is satisfied that there was unavoidable delay by the absent parent in–

(i) completing and returning a maintenance enquiry form under the provisions of regulation 6(1);

(ii) providing information or evidence that is required by him for the determination of an application for a maintenance assessment; or

(iii) providing information or evidence that is required by him to enable him to revise a decision under section 16 of the Act or supersede a decision under section 17 of the Act.

(4) Where an interim maintenance assessment is in force which is not a Category B interim maintenance assessment and the Secretary of State is satisfied that it would be appropriate to make a Category B interim maintenance assessment, he may revise the interim maintenance assessment which is in force.

(5) Where the Secretary of State revises an interim maintenance assessment in accordance with paragraph (4) and that interim maintenance assessment was made immediately following a previous interim maintenance assessment, he may also revise that previous interim maintenance assessment.

(6) [F7 Paragraph (1) shall not apply in respect of a material change of circumstances which—

(a) occurred since the date on which the decision was made; or

(b) is expected, according to information or evidence which the Commission has, to occur.]

(7) In paragraphs (1), (2) and (6) and regulation 18(3) “decision" means a decision of the Secretary of State under section 11 or 12 of the Act and any supersession of such a decision.

(8) Paragraph (1) shall apply in relation to–

(a) any decision of the Secretary of State with respect to F8 ... a person’s liability under section 43 of the Act; and

(b) the supersession of any such decision under section 17 as extended by paragraph 2 of Schedule 4C to the Act,

as it applies in relation to any decision of the Secretary of State under sections 11, 12 or 17 of the Act.]

Textual Amendments

F1 Pt. V substituted for Pt. V to Pt. VII (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 16

F2 Words in reg. 17(1)(a) omitted (23.3.2015) by virtue of The Child Support (Miscellaneous and Consequential Amendments) Regulations 2015 (S.I. 2015/338), regs. 1(2), 2(2)(a)

F3 Words in reg. 17 inserted (23.3.2015) by The Child Support (Miscellaneous and Consequential Amendments) Regulations 2015 (S.I. 2015/338), regs. 1(2), 2(2)(b)

F4 Word in reg. 17(1)(d) omitted (16.9.2004) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415), regs. 1(2)(a), 4(a)

F5 Reg. 17(1)(f) and word added (16.9.2004) by The Child Support (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2415), regs. 1(2)(a), 4(b)

F6 Words in reg. 17(1)(f) substituted (28.10.2013) by The Social Security, Child Support, Vaccine Damage and Other Payments (Decisions and Appeals) (Amendment) Regulations 2013 (S.I. 2013/2380), regs. 1(2), 3(4) (with reg. 8(1))

F7 Reg. 17(6) substituted (4.7.2011) by The Child Support (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/1464), regs. 1(1), 3(2)

F8 Words in reg. 17(8)(a) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 2(4)