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The Child Support (Northern Ireland) Order 1991

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Changes over time for: Section 28ZA

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Changes to legislation:

The Child Support (Northern Ireland) Order 1991, Section 28ZA is up to date with all changes known to be in force on or before 13 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1Decisions involving issues that arise on appeal in other casesN.I.

28ZA.(1) This Article applies where—

(a)a decision by the Department falls to be made under Article 13, 14, 18 or 19 F2...; and

(b)an appeal is pending against a decision given in relation to a different [F3matter] by a Child Support Commissioner or a court.

(2) If the Department considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some way—

(a)the Department need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;

(b)the Department may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.

(3) Where the Department acts in accordance with paragraph (2)(b), following the determination of the appeal it shall, if appropriate, revise its decision (under Article 18) in accordance with that determination.

(4) For the purposes of this Article, an appeal against a decision is pending if—

(a)an appeal against the decision has been brought but not determined;

(b)an application for leave to appeal against the decision has been made but not determined; or

(c)in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(5) In sub-paragraphs (a), (b) and (c) of paragraph (4), any reference to an appeal, or to an application for leave to appeal, against a decision includes a reference to an application for, or for leave to apply for, judicial review of the decision under section 18 of the Judicature (Northern Ireland) Act 1978.]

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