The Social Security and Child Support (Supersession of Appeal Decisions) Regulations 2012

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999

4.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999(1) are amended as follows.

(2) in regulation 6 (supersession of decisions)—

(a) in paragraph (2)(c) for “the First-tier Tribunal or of the Upper Tribunal” substitute “an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Commissioner”;

(b) in sub-paragraph (2)(n) —

(i) before “the First-tier Tribunal” in the first place it occurs insert “an appeal tribunal or”;

(ii) for “decision of the First-tier Tribunal” substitute “decision of an appeal tribunal or the First-tier Tribunal”.

(3) In regulation 6A(4A) (supersession of child support decisions) for “the First-tier Tribunal or of the Upper Tribunal” substitute “an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Child Support Commissioner”(2).

(4) In regulation 6B(1) (circumstances in which a child support decision may not be superseded) for “the First-tier Tribunal or the Upper Tribunal” substitute “an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner”.

(5) In regulation 7 (date from which a decision superseded under section 10 takes effect)—

(a) in paragraph (5) for “the First-tier Tribunal or the Upper Tribunal” in both places it occurs substitute “an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Commissioner”;

(b) in paragraph (33)—

(i) for “the First-tier Tribunal or the Upper Tribunal’s decision” substitute “the decision of the appeal tribunal, the First-tier Tribunal, the Upper Tribunal or the Commissioner”;

(ii) after “the Upper Tribunal” insert "or the Commissioner”.

(6) In paragraph 11 of Schedule 3D (effective dates for supersession of decisions of child support decisions)(3) —

(a) In sub-paragraph (a), for “the First-tier Tribunal or the Upper Tribunal” substitute “an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or of a Child Support Commissioner”;

(b) for “the First-tier Tribunal or, as the case may be, the Upper Tribunal” substitute “an appeal tribunal, the First-tier Tribunal, the Upper Tribunal or a Child Support Commissioner (as the case may be)”.

(1)

S.I. 1999/991. Relevant amending instruments are S.I. S.I. 2000/1596, S.I. 2000/3185, S.I. 2000/1596, S.I. 2003/916, S.I. 2003/1050, 2008/2683 and S.I. 2009/396. See section 17(7) of the 1998 Act, as inserted by paragraph 4 of Schedule 12 to, the Welfare Reform Act for the meaning of “appeal tribunal” and “Commissioner”.

(2)

See section 17(6) of the 1991 Act, as inserted by paragraph 2 of Schedule 12 to, the Welfare Reform Act for the meaning of “Child Support Commissioner”. Relevant amending instruments are S.I. 2000/3185, 2003/1050 and S.I. 2009/396.

(3)

Schedule 3D was inserted by S.I. 2009/396.