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

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  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation, commencement, application and interpretation

    2. 2. Service of notices or documents

  3. PART II REVISIONS, SUPERSESSIONS AND OTHER MATTERS SOCIAL SECURITY AND CHILD SUPPORT

    1. CHAPTER I REVISIONS

      1. 3. Revision of decisions

      2. 3ZA.Consideration of revision before appeal

      3. 3A. Revision of child support decisions

      4. 3B.Consideration of revision before appeal in relation to certain child support decisions

      5. 4. Late application for a revision

      6. 5. Date from which a decision revised under section 9 takes effect

      7. 5A. Date from which a decision revised under section 16 of the Child Support Act takes effect

    2. CHAPTER II SUPERSESSIONS

      1. 6. Supersession of decisions

      2. 6A. Supersession of child support decisions

      3. 6B. Circumstances in which a child support decision may not be superseded

      4. 7.Date from which a decision superseded under section 10 takes effect

      5. 7A. Definitions for the purposes of Chapters I and II

      6. 7B.Effective date of a supersession decision

      7. 7C.Procedure where the Secretary of State proposes to supersede a decision under section 17 of the Child Support Act on his own initiative

      8. 8. Effective date for late notifications of change of circumstances

    3. CHAPTER III OTHER MATTERS

      1. 9. Certificates of recoverable benefits

      2. 9ZA.Review of certificates

      3. 9ZB.Consideration of review before appeal

      4. 9A. Correction of accidental errors

      5. 10.Effect of determination as to capacity or capability for work

      6. 11. Secretary of State to determine certain matters

      7. 11A. Issues for decision by officers of Inland Revenue

      8. 12. Decision of the Secretary of State relating to industrial injuries benefit

      9. 12A. Recrudescence of a prescribed disease

      10. 13. Income support and social fund determinations on incomplete evidence

      11. 13A.Retirement pension after period of deferment

      12. 13B.State pension under Part 1 of the Pensions Act 2014 after period of deferment

      13. 14. Effect of alteration in the component rates of income support and jobseeker’s allowance

      14. 14A. Termination of award of income support, jobseeker’s allowance or employment and support allowance

      15. 15. Jobseeker’s allowance determinations on incomplete evidence

      16. 15A. Provision of information

      17. 15B. Procedure in relation to an application made under section 16 or 17 of the Child Support Act in connection with a previously determined variation

      18. 15C. Notification of a decision made under section 16 or 17 of the Child Support Act

      19. 15D. Procedure in relation to the adjustment of the amount payable under a maintenance calculation

  4. PART III SUSPENSION, TERMINATION AND OTHER MATTERS

    1. CHAPTER I SUSPENSION AND TERMINATION

      1. 16. Suspension in prescribed cases

      2. 17. Provision of information or evidence

      3. 18. Termination in cases of failure to furnish information or evidence

      4. 19. Suspension and termination for failure to submit to medical examination

      5. 20. Making of payments which have been suspended

    2. CHAPTER II OTHER MATTERS

      1. 21. Decisions involving issues that arise on appeal in other cases

      2. 22. Appeals involving issues that arise in other cases

      3. 23. Child support decisions involving issues that arise on appeal in other cases

      4. 24. Child support appeals involving issues that arise in other cases

  5. PART IV RIGHTS OF APPEAL AND PROCEDURE FOR BRINGING APPEALS

    1. CHAPTER I GENERALGENERAL APPEALS MATTERS NOT INCLUDING CHILD SUPPORT APPEALS

      1. 25. Other persons with a right of appeal

      2. 26. Decisions against which an appeal lies

      3. 27. Decisions against which no appeal lies

      4. 28. Notice of decision against which appeal lies

      5. 29. Further particulars required relating to certificate of recoverable benefits or, as the case may be, recoverable lump sum payments appeals ...

      6. GENERAL APPEALS MATTERS INCLUDING CHILD SUPPORT APPEALS

        1. 30. Appeal against a decision which has been replaced or revised

        2. 30A.Appeals to the First-tier Tribunal in child support cases

        3. 31. Time within which an appeal is to be brought

        4. 32. Late appeals

        5. 33.Notice of Appeal

        6. 34. Death of a party to an appeal

  6. PART V APPEAL TRIBUNALS FOR SOCIAL SECURITY CONTRACTING OUT OF PENSIONS VACCINE DAMAGE AND CHILD SUPPORT

    1. CHAPTER I THE PANEL AND APPEAL TRIBUNALS

      1. 35. Persons appointed to the panel

      2. 36. Composition of appeal tribunals

      3. 37. Assignment of clerks to appeal tribunals: function of clerks

    2. CHAPTER II PROCEDURE IN CONNECTION WITH DETERMINATION OF APPEALS AND REFERRALS

      1. 38. Consideration and determination of appeals and referrals

      2. 38A. Appeals raising issues for decision by officers of Inland Revenue

      3. 39. Choice of hearing

      4. 40. Withdrawal of appeal or referral

      5. 41. Medical examination required by appeal tribunal

      6. 42. Non-disclosure of medical advice or evidence

      7. 43. Summoning of witnesses and administration of oaths

      8. 44. Confidentiality in child support appeals or referrals

      9. 45.Procedure following a referral under section 28D(1)(b) of the Child Support Act

    3. CHAPTER III STRIKING OUT APPEALS

      1. 46. Appeals which may be struck out

      2. 47. Reinstatement of struck out appeals

      3. 48. Misconceived appeals

    4. CHAPTER IV ORAL HEARINGS

      1. 49. Procedure at oral hearings

      2. 50. Manner of providing expert assistance

      3. 51. Postponement and adjournment

      4. 52. Physical examinations at oral hearings

    5. CHAPTER V DECISIONS OF APPEAL TRIBUNALS AND RELATED MATTERS

      1. APPEAL TRIBUNAL DECISIONS

        1. 53. Decisions of appeal tribunals

        2. 54. Late applications for a statement of reasons of tribunal decision

        3. 55. Record of tribunal proceedings

        4. 56. Correction of accidental errors

        5. 57. Setting aside decisions on certain grounds

        6. 57A. Provisions common to regulations 56 and 57

        7. 57AA.Service of decision notice by electronic mail

        8. 57B. Interpretation of Chapter V

      2. APPLICATIONS FOR LEAVE TO APPEAL TO A COMMISSIONER (NOT INCLUDING CHILD SUPPORT)

        1. 58. Application for leave to appeal to a Commissioner from an appeal tribunal

        2. 58A.Appeal to the Upper Tribunal by a partner

  7. PART VI REVOCATIONS

    1. 59. Revocations

  8. Signature

    1. SCHEDULE 1

      Provisions conferring powers exercised in making these Regulations

    2. SCHEDULE 2

      Decisions against which no appeal lies

      1. Child Benefit

        1. 1.A decision of the Secretary of State as to whether...

        2. 2.A decision of the Secretary of State to recognise education...

        3. 3.A decision of the Secretary of State made in accordance...

        4. 4.A decision of the Secretary of State made in accordance...

      2. Claims and Payments

        1. 5.A decision, being a decision of the Secretary of State...

      3. Schemes that were Contracted-out Pension Schemes

        1. 6.A decision of the Secretary of State under section 109...

      4. Decisions depending on other cases

        1. 7.A decision of the Secretary of State under section 25...

      5. Deductions

        1. 8.A decision which falls to be made by the Secretary...

        2. 9.(1) Except in relation to a decision to which sub-paragraph...

      6. European Community Regulations

        1. 10.An authorization given by the Secretary of State in accordance...

      7. Expenses

        1. 11.A decision of the Secretary of State whether to pay...

      8. Guardian’s Allowance

        1. 12.A decision of the Secretary of State relating to the...

      9. Income Support

        1. 13.A decision of the Secretary of State ... made in...

      10. State pension credit

        1. 13A.A decision of the Secretary of State made in accordance...

      11. Industrial Injuries Benefit

        1. 14.A decision of the Secretary of State relating to the...

        2. 15.A decision of the Secretary of State under regulation 2(2)...

        3. 16.A decision of the Secretary of State to approve or...

        4. 17.A decision of the Secretary of State as to how...

      12. Invalid Vehicle Scheme

        1. 18.A decision of the Secretary of State relating to the...

      13. Jobseeker’s Allowance

        1. 19.(1) A decision of the Secretary of State under Chapter...

      14. Loss of Benefit for Breach of Community Order

        1. 19A. Decisions against which no appeal lies

      15. Payments on Account, Overpayments and Recovery

        1. 20.A decision of the Secretary of State under the Social...

        2. 20A.A decision of the Secretary of State under the Social...

      16. Persons Abroad

        1. 21.A decision of the Secretary of State made under—

      17. Reciprocal Agreements

        1. 22.A decision of the Secretary of State made in accordance...

      18. Social Fund Awards

        1. 23.A decision of the Secretary of State under section 78...

      19. Suspension

        1. 24.A decision of the Secretary of State relating to the...

      20. Up-rating

        1. 25.A decision of the Secretary of State relating to the...

        2. 26.Any decision treated as a decision of the Secretary of...

      21. Loss of benefit

        1. 27.(1) In the circumstances referred to in sub-paragraph (2), a...

    3. SCHEDULE 3

      Qualifications of Persons Appointed to the Panel

      1. Legal Qualifications Persons who— (a) have a general qualification (construed in accordance...

        1. Legal Qualifications

          1. 1.Persons who— (a) have a general qualification (construed in accordance...

        2. Medical Qualifications

          1. 2.... Registered medical practitioners, where— (a) the practitioner is a...

          2. 3.In paragraph 2 above and in this paragraph— “ EEA...

        3. Financial Qualifications

          1. 4.Accountants who are members of— (a) the Institute of Chartered...

        4. Disability Qualifications

          1. 5.Persons, other than registered medical practitioners, who are experienced in...

    4. SCHEDULE 3A

      1. Date from which superseding decision takes effect where a claimant is in receipt of income support or jobseeker’s allowance.

      2. 1. Income Support

      3. 2.In the cases set out in paragraph 3, the superseding...

      4. 3.The cases referred to in paragraph 2 are where—

      5. 4.A superseding decision made in consequence of a payment of...

      6. 5.Where— (a) it is decided upon supersession on the ground...

      7. 6.Where— (a) a superseding decision (“the former supersession") was made...

      8. 7. Jobseeker’s Allowance

      9. 8.Where the relevant change of circumstances giving rise to the...

      10. 9.Where the relevant change of circumstances giving rise to a...

      11. 10.Where, under the provisions of regulation 96 or 102C(3) of...

      12. 11.Where a relevant change of circumstances or change specified in...

      13. 12.Changes other than changes of circumstances

      14. 13.The following are superseding decisions for the purposes of paragraph...

    5. SCHEDULE 3B

      DATE ON WHICH CHANGE OF CIRCUMSTANCES TAKES EFFECT WHERE CLAIMANT ENTITLED TO STATE PENSION CREDIT

      1. 1.Where the amount of state pension credit payable under an...

      2. 2.Subject to paragraph 3, where the relevant change is that—...

      3. 2A.A period specified for the purposes of paragraph 2 is...

      4. 3.Paragraph 2 shall not apply where the only relevant change...

      5. 4.A superseding decision shall take effect from the day the...

      6. 5.In a case where the relevant circumstance is that the...

      7. 6.In paragraph 5, “patient” means a person (other than a...

      8. 7.Subject to paragraph 8A , where an amount of state...

      9. 8.The following are superseding decisions for the purposes of paragraph...

      10. 8A.Where the relevant change of circumstances is the death of...

      11. 11.In this Schedule, “benefit week” means— (a) where state pension...

    6. SCHEDULE 3C

      DATE FROM WHICH CHANGE OF CIRCUMSTANCES TAKES EFFECT WHERE CLAIMANT ENTITLED TO EMPLOYMENT AND SUPPORT ALLOWANCE

      1. 1.Subject to paragraphs 2 to 7, where the amount of...

      2. 2.In the cases set out in paragraph 3, the superseding...

      3. 3.The cases referred to in paragraph 2 are where—

      4. 4.A superseding decision made in consequence of a payment of...

      5. 5.Where— (a) it is decided upon supersession on the ground...

      6. 6.Where— (a) a superseding decision (“the former supersession”) was made...

      7. 7.In the case of an employment and support allowance decision...

      8. Changes other than changes of circumstances

        1. 8.Where— (a) the Secretary of State supersedes a decision made...

        2. 9.Where an amount of an employment and support allowance payable...

        3. 10.The following are superseding decisions for the purposes of paragraph...

    7. SCHEDULE 3D

      EFFECTIVE DATES FOR SUPERSESSION OF CHILD SUPPORT DECISIONS

      1. 1.This Schedule sets out the exceptions to the general rule...

      2. 2.Expected change

      3. 3.Decision backdated to when the change occurred

      4. 3A.In paragraph 3, the reference to the day on which...

      5. 4.Non-resident parent or partner on or off benefit

      6. 5.New qualifying child

      7. 6.Where there is a new qualifying child in relation to...

      8. 7.Where there is a new qualifying child in relation to...

      9. 8.Series of changes waiting to be actioned

      10. 9.Own initiative decision

      11. 10.Supersession of tribunal decision made pending outcome of a related appeal

      12. 11.Supersession of tribunal decision made in error due to misrepresentation etc.

      13. 12.Supersession of look alike case where law reinterpreted by the Upper Tribunal or a court

    8. SCHEDULE 4

      REVOCATIONS

  10. Explanatory Note

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