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

Appeal against a decision which has been [F1 [F2 replaced or]] revised E+W+S

30.—(1)  [F3 An appeal against a decision of the Secretary of State F4 ... [F5 or the Board or an officer of the Board] shall not lapse where the decision [F6 is treated as replaced by a decision under section 11 of the Child Support Act by section 28F(5) of that Act, or is revised under section 16 of that Act] or section 9 before the appeal is determined and the decision as [F7 replaced or] revised is not more advantageous to the appellant than the decision before it was [F8 replaced or] revised.]

[F3 An appeal against a decision of the Secretary of State or the Board or an officer of the Board shall not lapse where—

(a) the decision is revised under section 9 before the appeal is determined; and

(b) the decision as revised is not more advantageous to the appellant than the decision before it was revised.]

(2) Decisions which are more advantageous for the purposes of this regulation include decisions where—

(a) any relevant benefit paid to the appellant is greater or is awarded for a longer period in consequence of the decision made under section 9;

(b) it would have resulted in the amount of relevant benefit in payment being greater but for the operation of any provision of the Administration Act or the Contributions and Benefits Act restricting or suspending the payment of, or disqualifying a claimant from receiving, some or all of the benefit;

(c) as a result of the decision, a denial or disqualification for the receiving of any relevant benefit, is lifted, wholly or in part;

(d) it reverses a decision to pay benefit to a third party;

[F9 (dd) it reverses a decision under section 29(2) that an accident is not an industrial accident;]

(e) in consequence of the revised decision, benefit paid is not recoverable under section 71, 71A or 74 of the Administration Act M1 or regulations made under any of those sections, or the amount so recoverable is reduced; or

(f) a financial gain accrued or will accrue to the appellant in consequence of the decision.

(3) [F10 Where a decision as [F11 replaced under section 28F(5) of the Child Support Act or revised under section 16 of that Act] or under section 9 is not more advantageous to the appellant than the decision before it was [F12 replaced or] revised, the appeal shall be treated as though it had been brought against the decision as [F13 replaced or] revised.]

[F10 Where a decision as revised under section 9 is not more advantageous to the appellant than the decision before it was revised, the appeal shall be treated as though it had been brought against the decision as revised.]

(4) The appellant shall have a period of one month from the date of notification of the decision as [F14 [F15 replaced or]] revised to make further representations as to the appeal.

(5) After the expiration of the period specified in paragraph (4), or within that period if the appellant consents in writing, the appeal to the [F16 First-tier Tribunal] shall proceed except where, in the light of the further representations from the appellant, the Secretary of State F17 ... [F18 or the Board or an officer of the Board] further revises his[F19 , or revise their,] decision and that decision is more advantageous to the appellant than the decision before it was [F14 [F20 replaced or]] revised.

Textual Amendments

F1 Words in reg. 30 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(5)

F2 Words in reg. 30 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), 11(a) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F3 Reg. 30(1) substituted (10.12.2012 coming into force in accordance with reg. 1(4)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 6(6)(a)

F4 Words in reg. 30(1) omitted (1.8.2012) by virtue of 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(12)

F5 Words in reg. 30(1) 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, 21(1)(a)

F6 Words in reg. 30(1) 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), 11(b)(i) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F7 Words in reg. 30(1) 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), 11(b)(ii) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F8 Words in reg. 30(1) 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), 11(b)(iii) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F9 Reg. 30(2)(dd) added (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 2(7)

F10 Reg. 30(3) substituted (10.12.2012 coming into force in accordance with reg. 1(4)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 6(6)(b)

F11 Words in reg. 30(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), 11(c)(i) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F12 Words in reg. 30(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), 11(c)(ii) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F13 Words in reg. 30(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), 11(c)(iii) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F14 Words in reg. 30(4)(5) 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(6)(c)

F15 Words in reg. 30(4) 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), 11(d) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

F16 Words in reg. 30(5) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 119

F17 Words in reg. 30(5) omitted (1.8.2012) by virtue of 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(12)

F18 Words in reg. 30(5) 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, 21(1)(a)

F19 Words in reg. 30(5) 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, 21(1)(b)

F20 Words in reg. 30(5) 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), 11(e) (with reg. 14(3)) (see S.I. 2003/192, art. 3, Sch.)

Marginal Citations

M1 Section 71A was inserted by section 18 of the Jobseekers Act 1995 (c.18).