The Child Support Maintenance Calculation Regulations 2012

Grounds for revision E+W+S

14.—(1) M1 A decision to which section 16(1A) of the 1991 Act applies may be revised by the Secretary of State—

[F1 (a) if the Secretary of State receives an application for the revision of a decision under either section 16 or section 28G (application for a variation where a maintenance calculation is in force) of that Act—

(i) within 30 days after the date of notification of the decision;

(ii) within 30 days after the date on which notice of the correction is given under regulation 27A(3) (correction of accidental errors); or

(iii) within such longer time as may be allowed under regulation 15;]

(b) if the Secretary of State is satisfied that the decision was wrong due to a misrepresentation of, or failure to disclose, a material fact and that decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would have been but for the wrongness of the decision;

(c) if an appeal is made under section 20 of the 1991 Act M2 (appeals to First-tier Tribunal) against a decision within the time limit prescribed by the Tribunal Procedure Rules but that appeal has not been determined;

(d) if the Secretary of State commences action leading to the revision of the decision within 30 days after the date of notification of the decision;

(e) if the decision arose from official error;

(f) if the information held by HMRC in relation to a tax year in respect of which the Secretary of State has determined historic income for the purposes of regulation 35, or unearned income for the purposes of regulation 69, has since been amended; or

(g) if the ground for revision is that a person with respect to whom a maintenance calculation was made was not, at the time the calculation was made, a parent of a child to whom the calculation relates.

(2) A decision may not be revised because of a change of circumstances that occurred since the decision had effect or is expected to occur.

(3) An interim maintenance decision or default maintenance decision made under section 12 of the 1991 Act may be revised at any time.

[F2 (3A) Where—

(a) the Secretary of State makes a decision and there is an appeal;

(b) there is a further decision in relation to the appellant (“decision B”) after the appeal but before the appeal results in a decision by the First-tier Tribunal (“decision C”); and

(c) the Secretary of State would have made decision B differently if aware of decision C at the time of making decision B,

decision B may be revised at any time.]

(4) In paragraph (1)(e) “official error” means an error made by an officer of the Department for Work and Pensions or HMRC acting as such to which no person outside the Department or HMRC materially contributed, but excludes any error of law which is shown to have been an error by virtue of a subsequent decision of the Upper Tribunal or the court.

Textual Amendments

F1 Pt. 3 reg. 14(1)(a) substituted (23.3.2015) by The Child Support (Miscellaneous and Consequential Amendments) Regulations 2015 (S.I. 2015/338), regs. 1(2), 8(2)

F2 Pt. 3 reg. 14(3A) inserted (30.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1386), regs. 1(2), 7(4) (as amended (24.6.2014) by S.I. 2014/1621, reg. 3)

Commencement Information

I1 Reg. 14 wholly in force; reg. 14 not in force at made date; reg. 14 in force at 29.7.2013 for certain purposes and reg. 14 in force at 25.11.2013 in so far as not already in force, see reg. 1, SI 2013/1860 and S.I. 2013/2947

Marginal Citations

M1 Section 16(1A) was inserted by section 8(1) and (3) of the 2000 Act and amended by Schedule 8 to the 2008 Act and S.I. 2008/2833. The decisions to which section 16(1A) applies are: a maintenance calculation; an interim maintenance decision; a default maintenance decision; a supersession; a decision on a variation referred to an appeal tribunal under section 28D of the 1991 Act.

M2 Section 20 was amended by paragraphs 1(1) and (4) to (6) and 3 of Schedule 7, and Schedule 8, to the 2008 Act and S.I. 2008/2833.