The Transfer of Tribunal Functions Order 2008

Child Support Act 1991

85.  In section 24 (appeal to Child Support Commissioner)(1)—

(a) for the heading substitute “Appeals to Upper Tribunal”;

(b) for subsection (1), as it has effect before the substitution made by paragraph 16(2) of Schedule 3 to the Child Maintenance and Other Payments Act 2008, substitute—

“(1) Each of the following may appeal to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-tier Tribunal under section 20 of this Act—

(a) the Secretary of State, and

(b) any person who is aggrieved by the decision of the First-tier Tribunal.”;

(c) in subsection (1), as it has effect after the substitution made by paragraph 16(2) of Schedule 3 to the Child Maintenance and Other Payments Act 2008, for “to a Child Support Commissioner on a question of law” substitute “to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-tier Tribunal under section 20 of this Act”; and

(d) for subsections (2) to (9) substitute—

“(2) Where a question which would otherwise fall to be determined by the Commission or the Secretary of State under this Act first arises in the course of an appeal to the Upper Tribunal, that tribunal may, if it thinks fit, determine the question even though it has not been considered by the Commission or the Secretary of State.”.

(1)

Section 24 was amended by paragraph 30 of Schedule 7 to the Social Security Act 1998 (c.19) and the Schedule to the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678). Functions under subsection (9) were transferred further to Scottish Ministers under the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (S.I. 1999/1750).