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The Social Security (Northern Ireland) Order 1998
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The Social Security (Northern Ireland) Order 1998, Section 40 is up to date with all changes known to be in force on or before 26 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.
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Changes and effects yet to be applied to Article 40:
- Act amended by 1999 c. 10 s.1 (2) Sch.1 paras.1 6(r)
- Sch. 2 para. 7A and cross-heading inserted by S.I. 2015/2006 (N.I.) Sch. 2 para. 41(3)
- Sch. 3 para. 3A inserted by S.I. 2015/2006 (N.I.) Sch. 2 para. 42
- power to am. (prosp.) by 1998 c. 47 s.87
- art. 38(1A) inserted by 2010 c. 13 (N.I.) s. 16(2)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2 para. 7A and cross-heading inserted by S.I. 2015/2006 (N.I.) Sch. 2 para. 41(3)
- Sch. 3 para. 3A inserted by S.I. 2015/2006 (N.I.) Sch. 2 para. 42
- art. 38(1A) inserted by 2010 c. 13 (N.I.) s. 16(2)
Child support: revision of decisionsN.I.
40. For Article 18 of the Child Support Order there shall be substituted the following Article—
“Revision of decisions
18.—(1) Any decision of the Department under Article 13, 14 or 19 may be revised by the Department—
(a)either within the prescribed period or in prescribed cases or circumstances; and
(b)either on an application made for the purpose or on the Department's own initiative,
and regulations may prescribe the procedure by which a decision of the Department may be so revised.
(2) In making a decision under paragraph (1), the Department need not consider any issue that is not raised by the application or, as the case may be, did not cause the Department to act on its own initiative.
(3) Subject to paragraphs (4) and (5) and Article 28ZC, a revision under this Article shall take effect as from the date on which the original decision took (or was to take) effect.
(4) Regulations may provide that, in prescribed cases or circumstances, a revision under this Article shall take effect as from such other date as may be prescribed.
(5) Where a decision is revised under this Article, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.
(6) Except in prescribed circumstances, an appeal against a decision of the Department shall lapse if the decision is revised under this Article before the appeal is determined.”.
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