The Child Support (Maintenance Assessment Procedure) Regulations 1992

[F1 Supersession of decisions

20.— (1) Subject to paragraphs (9) and (10), for the purposes of section 17 of the Act, the cases and circumstances in which a decision (“a superseding decision") may be made under that section are set out in paragraphs (2) to (7).

(2) A decision may be superseded by a decision made by the Secretary of State acting on his own initiative–

(a) where he is satisfied that the decision is one in respect of which there has been a material change of circumstances since the decision was made;

(b) where he is satisfied that the decision was made in ignorance of, or was based upon a mistake as to, some material fact; or

(c) in consequence of a departure direction or of a revision or supersession of a decision with respect to a departure direction.

(3) Except where paragraph (8) applies, [F2 but subject to regulation 23(22)] a decision may be superseded by a decision made by the Secretary of State where–

(a) an application is made on the basis that–

(i) there has been a change of circumstances [F3 since the date from which the decision had effect]; or

(ii) it is expected that a change of circumstances will occur; and

(b) the Secretary of State is satisfied that the change of circumstances is or would be material.

[F4 (3A) For the purposes of paragraph 2 of Schedule 4C to the Act, the circumstances in which a decision may be superseded under paragraph (2) or (3) include where the material change of circumstances causes the maintenance assessment to cease by virtue of paragraph 16(1) of Schedule 1 to the Act or where the Commission no longer has jurisdiction by virtue of section 44 of the Act (jurisdiction).]

(4) A decision may be superseded by a decision made by the Secretary of State where–

(a) an application is made on the basis that the decision was made in ignorance of, or was based upon a mistake as to, a fact; and

(b) the Secretary of State is satisfied that the fact is or would be material.

[F5 (4A) A decision may be superseded by a decision made by the Secretary of State—

(a) where an application is made on the basis that; or

(b) acting on his own initiative where,

the decision to be superseded is a decision of [F6 an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Child Support Commissioner] that was made in accordance with section 28ZB(4)(b) of the Act, in a case where section 28ZB(5) of the Act applies.]

(5) A decision, other than a decision given on appeal, may be superseded by a decision made by the Secretary of State–

(a) acting on his own initiative where he is satisfied that the decision was erroneous in point of law; or

(b) where an application is made on the basis that the decision was erroneous in point of law.

(6) An interim maintenance assessment may be superseded by a decision made by the Secretary of State where he receives information which enables him to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act for a period beginning after the effective date of that interim maintenance assessment.

(7) Subject to paragraphs (4) and (5) of regulation 17, where the Secretary of State is satisfied that it would be appropriate to make an interim maintenance assessment the category of which is different from that of the interim maintenance assessment which is in force, he may make a decision which supersedes the interim maintenance assessment which is in force.

(8) This paragraph applies–

(a) where any paragraph of regulation 21 applies; and

(b) in the case of a Category A or Category D interim maintenance assessment.

(9) The cases and circumstances in which a decision may be superseded shall not include any case or circumstance in which a decision may be revised.

(10) Paragraphs (2) to (6) shall apply neither in respect of–

(a) a decision to refuse an application for a maintenance assessment; nor

(b) a decision to cancel a maintenance assessment.

(11) For the purposes of section 17 of the Act as extended by paragraph 2 of Schedule 4C to the Act, paragraphs (2) to (5) shall apply in relation to–

(a) a decision with respect to F7 ... a person’s liability under section 43 of the Act; and

(b) any decision of the Secretary of State under section 17 of the Act as extended by paragraph 2 of Schedule 4C to the Act, whether as originally made or as revised under section 16 of the Act as extended by paragraph 1 of Schedule 4C to the Act, as they apply in relation to any decision as to a maintenance assessment save that paragraph (8) shall not apply in respect of such a decision.]

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. 20(3) inserted (16.3.2005) by The Child Support (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/785), regs. 1(2)(a), 3(4)

F3 Words in reg. 20(3)(a)(i) substituted (19.6.2000) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/1596), regs. 1(1), 8

F4 Reg. 20(3A) inserted (4.12.2009) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/2909), regs. 1(3), 3(2)

F5 Reg. 20(4A) inserted (5.5.2003) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1050), regs. 1(1)(a), 5(1) (with reg. 6)

F6 Words in reg. 20(4A) substituted (retrospective to 14.5.2012) by The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012 (S.I. 2012/1267), regs. 1, 2(2)

F7 Words in reg. 20(11)(a) omitted (27.10.2008) by virtue of The Child Support (Consequential Provisions) Regulations 2008 (S.I. 2008/2543), regs. 1, 2(5)