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PART IE+W+S GENERAL

Citation, commencement[F1, application and interpretation]E+W+S

1.—(1) These Regulations may be cited as the Social Security and Child Support (Decisions and Appeals) Regulations 1999.

(2) These Regulations shall come into force—

(a)in so far as they relate to child support and for the purposes of this regulation and regulation 2 on 1st June 1999;

(b)in so far as they relate to—

(i)industrial injuries benefit, guardian’s allowance and child benefit; and

(ii)a decision made under the Pension Schemes Act 1993 M1 by virtue of section 170(2) of that Act;

on 5th July 1999;

(c)in so far as they relate to retirement pension, widow’s benefit, incapacity benefit, severe disablement allowance and maternity allowance, on 6th September 1999;

(d)in so far as they relate to [F2family credit and disability working allowance [F2working families' tax credit and disabled person’s tax credit]], on 5th October 1999;

(e)in so far as they relate to attendance allowance, disability living allowance, invalid care allowance, jobseeker’s allowance, credits of contributions or earnings, home responsibilities protection and vaccine damage payments, on 18th October 1999; and

(f)for all remaining purposes, on 29th November 1999.

[F3(2A) In so far as these Regulations relate to—

(a) an employment and support allowance payable under the Welfare Reform Act, they apply only in so far as the Act has effect apart from the amendments made by Schedule 3 and Part 1 of Schedule 14 to the Welfare Reform Act 2012 (“ the 2012 Act ”) (removing references to an income-related allowance);

(b)a jobseeker's allowance payable under the Jobseekers Act 1995, they apply only in so far as the Act has effect apart from the amendments made by Part 1 of Schedule 14 to the 2012 Act (removing references to an income-based allowance).

(2B) These Regulations do not apply to universal credit (within the meaning of Part 1 of the Welfare Reform Act 2012) or personal independence payment (within the meaning of Part 4 of that Act).]

(3) In these Regulations, unless the context otherwise requires—

[F76(3A) In these Regulations as they relate to any decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any reference to the Secretary of State is to be construed as if it were a reference to an officer of the Board.]

(4) In these Regulations, unless the context otherwise requires, a reference—

(a)to a numbered section is to the section of the Act bearing that number;

(b)to a numbered Part is to the Part of these Regulations bearing that number;

(c)to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;

(d)in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

(e)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

Textual Amendments

F2 Words in reg. 1(2)(d) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 3

F4Words in reg. 1(3) omitted (10.12.2012 coming into force in accordance with reg. 1(4)) by virtue of The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 6(2)

F5 Words in reg. 1(3) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 2(a) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F8Words in reg. 1(3) omitted (E+W+S) (6.4.2017 coming into force in accordance with art. 1-3) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 15(2)(a)

F10Words in reg. 1(3) substituted (E+W+S) (6.4.2017 coming into force in accordance with art. 1-3) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 15(2)(b)

F22 Words in reg. 1(3) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 4(a)

F40 Words in reg. 1(3) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 2(b) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F41 Words in reg. 1(3) omitted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 (S.I. 2010/424), reg. 4(2)

F55 Words in reg. 1(3) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 4(b)

F57 Words in reg. 1(3) omitted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by virtue of The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 2(c) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F60 Word in reg. 1(3) substituted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 2(d) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F64 Words in reg. 1(3) inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 2(e) (with reg. 14(3)) (see S.I . 2003/192, art. 3, Sch.)

F67Words in reg. 1(3) inserted (6.4.2016 coming into force in accordance with art. 1(2)(b)) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 18(2)

F69 Words in reg. 1(3) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570), regs. 1, 4(c)

F71 Words in reg. 1(3) added (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2) of the amending S.I.) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185), reg. 1(1)(2), 2(f) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

Modifications etc. (not altering text)

C1 Reg. 1(3) applied by S.I. 1996/207 Sch. 8 para. 12(2) (as added) (14.10.2002) by Social Security (Miscellaneous Amendments) (No.2) Regulations 2002 (S.I. 2002/2380), regs. 1(b), 3(c)

C2 Reg. 1(3) applied by S.I. 1987/1967 Sch. 10 para. 7(2) (as added) (14.10.2002) by Social Security (Miscellaneous Amendments) (No.2) Regulations 2002 (S.I. 2002/2380), regs. 1(b), 2(b)(ii)

C4 Reg. 1(3) applied by 2002 SI1792 Sch. 5 Pt. 1 para 20A(4) (as substituted (6.10.2003) by State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 2(12)(f))

Marginal Citations

M1 1993 c.48; section 170 was substituted by paragraph 131 of Schedule 7 to the Social Security Act 1998.

M7Section 11(2) is amended by paragraph 150(2) of Schedule 7 to the Social Security Act 1998.

M8 Section 28D was inserted by section 4 of the Child Support Act 1995 (c.34).

Service of notices or documentsE+W+S

2.  Where, by any provision of the Act [F77, of the Child Support Act] or of these Regulations—

(a)any notice or other document is required to be given or sent F78... to an officer authorised by the Secretary of State [F79or to an officer of the Board], that notice or document shall be treated as having been so given or sent on the day that it is received F80... by an officer authorised by the Secretary of State [F81or by an officer of the Board], as the case may be, and

( b)any notice (including notification of a decision of the Secretary of State) or other document is required to be given or sent to any person other than F82... [F83to an officer F82... [F83an officer]] authorised by the Secretary of State [F84or an officer of the Board], as the case may be, that notice or document shall, if sent by post to that person’s last known address, be treated as having been given or sent on the day that it was posted.

Textual Amendments

F77 Words in reg. 2 inserted (3.3.2003 for specified purposes and in accordance with reg. 1(1), (2)) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185) , reg. 1(1) (2) 3 (with reg. 14(3) ) (see S.I. 2003/192, arts. 3, 7, Sch.)

F79 Words in reg. 2(a) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 5(a)(i)

F81 Words in reg. 2(a) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 5(a)(ii)

F83 Words in reg. 2(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 5(b)(ii)

F84 Words in reg. 2(b) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 5(b)(iii)

Modifications etc. (not altering text)

C5 Reg. 2(b) modified (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/127) , regs. 1(1) , 2(b)