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

[F1 Notification of a decision made under section 16 or 17 of the Child Support Act E+W+S

15C.— [F2 (1) Subject to paragraphs (2) and (5) to (11), a notification of a decision made following the revision or supersession of a decision made under section 11, 12 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act, shall set out, in relation to the decision in question—

(a) the effective date of the maintenance calculation;

(b) where relevant, the non-resident parent’s net weekly income;

(c) the number of qualifying children;

(d) the number of relevant other children;

(e) the weekly rate;

(f) the amounts calculated in accordance with Part I of Schedule 1 to the Child Support Act and, where there has been agreement to a variation or a variation has otherwise been taken into account, the Variations Regulations;

(g) where the weekly rate is adjusted by apportionment or shared care or both, the amount calculated in accordance with paragraph 6, 7 or 8, as the case may be, of Part I of Schedule 1 to the Child Support Act; and

(h) where the amount of child support maintenance which the non-resident parent is liable to pay is decreased in accordance with regulation 9 of the Maintenance Calculations and Special Cases Regulations (care provided in part by local authority) or 11 (non-resident parent liable to pay maintenance under a maintenance order) of those Regulations, the adjustment calculated in accordance with that regulation.

(2) A notification of a revision or supersession of a maintenance calculation made under section 12(1) of the Child Support Act shall set out the effective date of the maintenance calculation, the default rate, the number of qualifying children on which the rate is based and whether any apportionment has been applied under regulation 7 of the Maintenance Calculation Procedure Regulations (default rate) and shall state the nature of the information required to enable a decision under section 11 of that Act to be made by way of section 16 of that Act.

(3) Except where a person gives written permission to the [F3 Secretary of State] that the information in relation to him, mentioned in sub-paragraphs (a) and (b), may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) or (2) shall not contain—

(a) the address of any person other than the recipient of the document in question (other than the address of the office of the officer concerned who is exercising functions of the [F3 Secretary of State] under the Child Support Act) or any other information the use of which could reasonably be expected to lead to any such person being located;

(b) any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified.

(4) Where a decision as to the revision or supersession of a decision made under section 11, 12 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act, is made under section 16 or 17 of that Act, a notification under paragraph (1) or (2) shall include information as to the provisions of sections 16, 17 and 20 of that Act.

(5) Where the [F4 Secretary of State] makes a decision that a maintenance calculation shall cease to have effect—

(a) [F4 the Secretary of State] shall immediately notify the non-resident parent and person with care, so far as that is reasonably practicable;

(b) where a decision has been superseded in a case where a child under section 7 of the Child Support Act ceases to be a child for the purposes of that Act, [F4 the Secretary of State] shall immediately notify the persons in sub-paragraph (a) and the other qualifying children within the meaning of section 7 of that Act; and

(c) any notice under sub-paragraphs (a) and (b) shall specify the date with effect from which that decision took effect.

(6) [F5 Where the [F6 Commission], under the provisions of section 16 or 17 of the Child Support Act, has made a decision that an adjustment shall cease, or adjusted the amount payable under a maintenance calculation, [F6 it] shall immediately notify the relevant persons, so far as that is reasonably practicable, that the adjustment has ceased or of the amount and period of the adjustment, and the amount payable during the period of the adjustment.]

(7) [F5 Where the [F6 Commission] has made a decision under section 16 of the Child Support Act, revising a decision under section 41A or 47 of that Act, [F6 it] shall immediately notify the relevant persons so far as that is reasonably practicable, of the amount of child support maintenance payable, the amount of arrears, the amount of the penalty payment or fees to be paid, as the case may be, the method of payment and the day by which payment is to be made.]

(8) [F5 Where the non-resident parent appeals against a decision made by the [F6 Commission] under section 41A or 47 of the Child Support Act and the [F6 Commission] makes a decision under section 16 of that Act, before the appeal is decided [F6 it] shall notify the relevant persons, so far as that is reasonably practicable of either the new amount of the penalty payment or the fee to be paid or that the amount is no longer payable, the method of payment and the day by which payment is to be made.]

(9) Paragraphs (1) to (3) shall not apply where the [F7 Secretary of State] has decided not to supersede a decision under section 17 of the Child Support Act, and [F7 the Secretary of State] shall, so far as that is reasonably practicable, notify the relevant persons of that decision.

(10) A notification under paragraphs (6) to (9) shall include information as to the provisions of sections 16, 17 and 20 of the Child Support Act.

(11) Where paragraph (9) applies, and the [F8 Secretary of State] decides not to supersede under regulation 6B, [F8 the Secretary of State] shall notify the relevant person, in relation to the decision in question of—

(a) the fact that regulation 6B applies to the decision;

(b) the non-resident parent’s net income figure fixed for the purposes of the maintenance calculation in force in accordance with Part I of Schedule 1 to the Child Support Act;

(c) the non-resident parent’s net income figure provided by that parent to the [F8 Secretary of State] with the application for supersession under regulation 6A(3);

(d) the decision of the [F8 Secretary of State] not to supersede; and

(e) the right to appeal against the decision under section 20 of the Child Support Act.

(12) Where an appeal lapses in accordance with section 16(6) or 28F(5) of the Child Support Act, the [F9 Secretary of State] shall, so far as that is reasonably practicable, notify the relevant persons that the appeal has lapsed.]]

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.)

F2 Reg. 15C 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(3)

F3 Words in reg. 15C(3) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(9)(a)

F4 Words in reg. 15C(5) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(9)(b)

F5 Regs. 15C(6)-(8) omitted (6.4.2009) by virtue of Child Support (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/396), regs. 1, 4(10)(b) (with reg. 7)

F6 Words in reg. 15C substituted (6.4.2009) by Child Support (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/396), regs. 1, 4(10)(a) (with reg. 7)

F7 Words in reg. 15C(9) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(9)(b)

F8 Words in reg. 15C(11) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(9)(b)

F9 Words in reg. 15C(12) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 113(9)(c)