The Child Support (Miscellaneous and Consequential Amendments) Regulations 2015

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

6.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999(1) are modified, in relation to a case in which liability to pay child support maintenance is calculated in accordance with Part 1 of Schedule 1 to the Child Support Act 1991 as substituted by Schedule 1 to the Child Support, Pensions and Social Security Act 2000, before its amendment by paragraph 2 of Schedule 4 to the Child Maintenance and Other Payments Act 2008(2), as if they had been amended as follows.

(2) In regulation 3A(1) (revision of child support decisions)(3), for sub-paragraph (a) substitute—

“(a) if the Secretary of State receives an application for the revision of a decision under either section 16 or section 28G of the Child Support Act—

(i) within one month of the date of notification of the decision;

(ii) within one month of the date on which notice of the correction is given under regulation 9B(3) (correction of accidental errors in child support decisions); or

(iii) within such longer time as may be allowed under regulation 4;”.

(3) After regulation 9A (correction of accidental errors)(4) insert—

“Correction of accidental errors in Child Support Decisions

9B.— (1) An accidental error in a decision of the Secretary of State made under the Child Support Act 1991, or in any record of such a decision, may be corrected by the Secretary of State at any time.

(2) Such a correction is to be treated as part of that decision or of that record.

(3) The Secretary of State must give written notice of the correction as soon as practicable to the persons to whom notice of the decision was required to be given.

(4) In calculating the time within which an application may be made under regulation 3A(1)(a) (revision of child support decisions) for a decision to be revised, no account is to be taken of any day falling before the day on which notice of any correction was given.”.

(1)

S.I. 1999/991; relevant amending instruments are S.I.2000/3185, 2002/1204, 2002/1379, 2003/916, 2008/2543, 2008/2544, 2008/2683, 2009/396 and 2012/2007

(2)

2008 c. 6.

(3)

Regulation 3A was inserted by S.I. 2000/3185 and amended by S.I. 2002/1204, 2008/2543, 2008/2544, 2008/2683, 2009/396 and 2012/2007.

(4)

Regulation 9A was inserted by S.I. 2002/1379, revoked in relation to certain cases by S.I. 2003/916 and amended by S.I. 2008/2683.