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PART IIE+W+SF1 REVISIONS, SUPERSESSIONS AND OTHER MATTERS SOCIAL SECURITY [F2AND CHILD SUPPORT]

Textual Amendments

F1 Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )

F2 Words in Pt. II added (3.3.2003 for specified purposes and ) by The Child Support (Decisions and Appeals) (Amendment) Regulations 2000 (S.I. 2000/3185) , reg. 1(1) (2) 4 (with reg. 14(3) ) (see S.I. 2003/192, art. 3, Sch.)

CHAPTER IIIE+W+SOTHER MATTERS

[F3Review of certificatesE+W+S

9ZA.—(1) A certificate may be reviewed under section 10 of the 1997 Act where the Secretary of State is satisfied that—

(a)a mistake (whether in the computation of the amount specified or otherwise) occurred in the preparation of the certificate;

(b)the lump sum payment recovered from a compensator who makes a compensation payment (as defined in section 1A(5) of the 1997 Act) is in excess of the amount due to the Secretary of State;

(c)incorrect or insufficient information was supplied to the Secretary of State by the compensator who applied for the certificate and in consequence the amount of lump sum payment specified in the certificate was less than it would have been had the information supplied been correct or sufficient;

(d)a ground for appeal is satisfied under section 11 of the 1997 Act or an appeal has been made under that section; or

(e)a certificate has been issued and, for any reason, a recoverable lump sum payment was not included in that certificate.

(2) In this regulation and regulations 1(3) in paragraph (b) of the definition of “party to the proceedings”, [F429 [F5and 33]], where applicable—

(a)any reference to the 1997 Act is to be construed so as to include a reference to that Act as applied by regulation 2 of the Lump Sum Payments Regulations and, where applicable, as modified by Schedule 1 to those Regulations;

(b) “ certificate ” means a certificate of recoverable lump sum payments, including where any of the amounts is nil;

(c)“lump sum payment” is a payment to which section 1A(2) of the 1997 Act applies;

(d) “ P ” is to be construed in accordance with regulations 4(1)(a)(i) and 5 of the Lump Sum Payments Regulations. ]

Textual Amendments

F3 Reg. 9ZA inserted (1.10.2008 as amended by S.I. 2008/2365 reg. 6(4)) by Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (S.I. 2008/1596), reg. 1(1), Sch. 2 para. 1(b) (with reg. 6)(as amended by S.I. 2008/2365 reg. 6(4))