The Child Support (Northern Ireland) Order 1991

[F1 [F2 Appeals to appeal tribunals N.I.

22.— (1) A qualifying person has a right of appeal to an appeal tribunal against—

(a) a decision of the Department under Article 13, 14 or 19 (whether as originally made or as revised under Article 18);

(b) a decision of the Department not to make a maintenance calculation under Article 13 or not to supersede a decision under Article 19;

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the imposition (by virtue of Article 38A) of a requirement to make penalty payments, or their amount;

F4 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In paragraph (1), qualifying person means—

(a) in relation to sub-paragraphs (a) and (b), the person with care, or non-resident parent, with respect to whom the Department made the decision;

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in relation to sub-paragraph (d), the parent who has been required to make penalty payments; and

F6 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (2A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal against a decision mentioned in paragraph (1)(a) or (b) only if the Department has considered whether to revise the decision under Article 18.

(2B) The regulations may in particular provide that that condition is met only where—

(a) the consideration by the Department was on an application,

(b) the Department considered issues of a specified description, or

(c) the consideration by the Department satisfied any other condition specified in the regulations.

(2C) Regulations may make provision that, where in accordance with regulations under paragraph (2A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under Article 18.]

(3) A person with a right of appeal under this Article shall be given such notice as may be prescribed of—

(a) that right; and

(b) the relevant decision, or the imposition of the requirement.

[F8 (3A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal against a decision only if the Department has considered whether to revise the decision under Article 18.

(3B) The regulations may in particular provide that that condition is met only where—

(a) the consideration by the Department was on an application,

(b) the Department considered issues of a specified description, or

(c) the consideration by the Department satisfied any other condition specified in the regulations.

(3C) Regulations may make provision that, where in accordance with regulations under paragraph (3A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under Article 18.]

(4) Regulations may make—

(a) provision as to the manner in which, and the time within which, appeals are to be brought; and

(b) such provision with respect to proceedings before appeal tribunals as the Department considers appropriate.

(5) The regulations may in particular make any provision of a kind mentioned in Schedule 4 to the Social Security (Northern Ireland) Order 1998.

F9 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In deciding an appeal under this Article, an appeal tribunal—

(a) need not consider any issue that is not raised by the appeal; and

(b) shall not take into account any circumstances not obtaining at the time when the Department made the decision or imposed the requirement.

(8) If an appeal under this Article is allowed, the appeal tribunal may—

(a) itself make such decision as it considers appropriate; or

(b) remit the case to the Department, together with such directions (if any) as it considers appropriate.]]

F1 S.I. 1998/1506 (N.I. 10)

F2 Art. 22 substituted (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 10, 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F3 Art. 22(1)(c) repealed (14.7.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/291, art. 2(1)(c)

F4 Art. 22(1)(e) repealed (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)

F5 Art. 22(2)(b) repealed (14.7.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/291, art. 2(1)(c)

F6 Art. 22(2)(d) repealed (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)

F7 Art. 22(2A)-(2C) inserted (17.3.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 11 para. 2 (with art. 107(7)-(9)); S.R. 2016/166, art. 2(b)

F8 Art. 22(3A)-(3C) inserted (17.3.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 11 para. 3 (with art. 107(7)-(9)); S.R. 2016/166, art. 2(b)

F9 Art. 22(6) repealed (14.7.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/291, art. 2(1)(c)

Modifications etc. (not altering text)

C1 Art. 22(3)-(5) applied (5.12.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), ss. 3(6), 41(1) (with s. 37); S.R. 2008/489, art. 2

C2 Art. 22(7)(8) applied (5.12.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), ss. 3(6), 41(1) (with s. 37); S.R. 2008/489, art. 2