Reviews and appeals

F1Decisions superseding earlier decisions19.

(1)

Subject to paragraph (2), the following, namely—

(a)

any decision of the Department under Article 13 or 14 or this Article, whether as originally made or as revised under Article 18;

(b)

any decision of an appeal tribunal under Article 22; F2. . .

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(d)

any decision of an appeal tribunal on a referral under Article 28D(1)(b); and

(e)

any decision of a Child Support Commissioner on an appeal from such a decision as is mentioned in sub-paragraph (b) or (d),

may be superseded by a decision made by the Department, either on an application made for the purpose or on the Department's own initiative.

F5(2)

The Department may by regulations make provision with respect to the exercise of the power under paragraph (1).

(3)

Regulations under paragraph (2) may, in particular—

(a)

make provision about the cases and circumstances in which the power under paragraph (1) is exercisable, including provision restricting the exercise of that power by virtue of change of circumstance;

(b)

make provision with respect to the consideration by the Department, when acting under paragraph (1), of any issue which has not led to its so acting;

(c)

make provision with respect to procedure in relation to the exercise of the power under paragraph (1).

F6(4)

Subject to paragraph (5) and Article 28ZC, a decision under this Article shall take effect as from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which the application was made.

(4A)

In paragraph (4), a maintenance period is (except where a different meaning is prescribed for prescribed cases) a period of seven days, the first one beginning on and including the effective date of the first decision made by the Department under Article 13 or (if earlier) the Department's first default or interim maintenance decision (under Article 14) in relation to the non-resident parent in question, and each subsequent one beginning on and including the day after the last day of the previous one.

(5)

Regulations may provide that, in prescribed cases or circumstances, a decision under this Article shall take effect as from such other date as may be prescribed.