The Social Security and Child Support (Decisions and Appeals) Regulations 1999

[F1 Procedure in relation to an application made under section 16 or 17 of the Child Support Act in connection with a previously determined variationE+W+S

15B.—[F2(1) Subject to paragraph (3), where the [F3Secretary of State] has received an application under section 16 or 17 of the Child Support Act in connection with a previously determined variation which has effect on the maintenance calculation in force, [F3the Secretary of State]—

(a)shall give notice of the application to the relevant persons, other than the applicant, informing them of the grounds on which the application has been made and any relevant information or evidence the applicant has given, except information or evidence falling within paragraph (2);

(b)may invite representations, which need not be in writing but shall be in writing if in any case [F3the Secretary of State] so directs, from the relevant persons other than the applicant on any matter relating to that application, to be submitted to the [F3Secretary of State] within 14 days of notification or such longer period as the [F3Secretary of State] is satisfied is reasonable in the circumstances of the case; and

(c)shall set out the provisions of paragraphs (2)(b) and (c), (4) and (5) in relation to such representations.

(2) The information or evidence referred to in paragraphs (1)(a), (4)(a) and (7), is—

(a)details of the nature of the long-term illness or disability of the relevant other child which forms the basis of a variation application on the ground in regulation 11 of the Variations Regulations (special expenses — illness or disability of relevant other child) where the applicant requests they should not be disclosed and the [F4Secretary of State] is satisfied that disclosure is not necessary in order to be able to determine the application;

(b)medical evidence or medical advice which has not been disclosed to the applicant or a relevant person and which the [F4Secretary of State] considers would be harmful to the health of the applicant or that relevant person if disclosed to him;

(c)the address of a relevant person or qualifying child, or any other information which could reasonably be expected to lead to that person or child being located, where the [F4Secretary of State] considers that there would be a risk of harm or undue distress to that person or that child or any other children living with that person if the address or information were disclosed.

(3) The [F5Secretary of State] need not act in accordance with paragraph (1) if—

(a)[F6satisfied on the information or evidence available that a variation of the maintenance calculation in force will not be agreed], but if, on further consideration [F7the Secretary of State] is minded to do so [F7the Secretary of State] shall, before doing so, comply with the provisions of this regulation; and

(b)were the application to succeed, the decision as revised or superseded would be less advantageous to the applicant than the decision before it was so revised or superseded.

(4) Where the [F8Secretary of State] receives representations from the relevant persons [F9the Secretary of State]—

(a)may, if [F10the Secretary of State] considers it reasonable to do so, send a copy of the representations concerned (excluding material falling within paragraph (2) above) to the applicant and invite any comments [F11to be provided] within 14 days or such longer period as the [F8Secretary of State] is satisfied is reasonable in the circumstances of the case; and

(b)where the [F8Secretary of State] acts under sub-paragraph (a), shall not proceed to make a decision in response to the application until [F12the Secretary of State] has received such comments or the period referred to in sub-paragraph (a) has expired.

(5) Where the [F13Secretary of State] has not received representations from the relevant persons notified in accordance with paragraph (1) within the time limit specified in sub-paragraph (b) of that paragraph, [F13the Secretary of State] may proceed to make a decision under section 16 or 17 of the Child Support Act in response to the application, in their absence.

(6) In considering an application for a revision or supersession the [F13Secretary of State] shall take into account any representations received at the date upon which [F13the Secretary of State] makes a decision under section 16 or 17 of the Child Support Act, from the relevant persons including any representations received in connection with the application in accordance with paragraphs (1)(b), (4)(a) and (7).

(7) Where any information or evidence requested by the [F14Secretary of State] under regulation 15A is received after notification has been given under paragraph (1), [F14the Secretary of State] may, if [F14the Secretary of State] considers it reasonable to do so and except where such information or evidence falls within paragraph (2), send a copy of such information or evidence to the relevant persons and may invite them to submit representations, which need not be in writing unless the [F14Secretary of State] so directs in any particular case, on that information or evidence.

(8) Where the [F15Secretary of State] is considering making a decision under section 16 or 17 of the Child Support Act in accordance with this regulation, [F15the Secretary of State] shall apply the factors to be taken into account for the purposes of section 28F of the Child Support Act set out in regulation 21 of the Variations Regulations (factors to be taken into account and not to be taken into account) as factors to be taken into account and not to be taken into account when considering making a decision under this regulation.

(9) In this regulation “relevant person" means—

(a)a non-resident parent, or a person treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations (persons treated as non-resident parents), whose liability to pay child support maintenance may be affected by any variation agreed;

(b)a person with care, or a child to whom section 7 of the Child Support Act applies, where the amount of child support maintenance payable by virtue of a calculation relevant to that person with care or in respect of that child may be affected by any variation agreed.]]

Textual Amendments

F1 Regs. 15A-15D inserted (3.3.2003 for specified purposes and with effect 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), 10 (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)