The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations N.I.

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

(2) In regulation 3A(2) (revision of child support decisions) omit paragraph (6).

(3) For regulation 6A(3) substitute—

“Supersession of child support decisions

6A.— (1) This regulation and regulation 6B set out the circumstances in which a decision may be made by the Department under Article 19 of the Child Support Order.

(2) A decision may be superseded by a decision of the Department, on an application or acting under its own initiative, where—

(a) there has been a relevant change of circumstances since the decision had effect or it is expected that a relevant change of circumstances will occur;

(b) the decision was made in ignorance of, or was based on a mistake as to, some material fact; or

(c) the decision was wrong in law (unless it was a decision made on appeal).

(3) The circumstances in which a decision may be superseded include where the relevant change of circumstances causes the maintenance calculation to cease by virtue of paragraph 16 of Schedule 1 to the Child Support Order or where the Department no longer has jurisdiction by virtue of Article 41 of that Order.

(4) A decision may be superseded by a decision of the Department where the Department receives an application for a variation of the decision under Article 28G of the Child Support Order.

(5) A decision may not be superseded in circumstances where it may be revised.

(6) A decision to refuse an application for a maintenance calculation may not be superseded.”.

(4) In regulation 6B(4) (circumstances in which a child support decision may not be superseded)—

(a) wherever “6A(3)” occurs, substitute “6A(2)(a)”;

(b) in paragraph (4)—

(i) at the end of sub-paragraph (c) insert “or”,

(ii) omit sub-paragraph (d), and

(iii) in sub-paragraph (e), for “regulation 7B(1) to (3) or (20)”(5) substitute “paragraph 4 of Schedule 2D”.

(5) For regulation 7B(6) (date from which a decision superseded under Article 19 of the Child Support Order takes effect) substitute—

“Effective date of a supersession decision

7B.   Schedule 2D provides for cases and circumstances in which a supersession decision takes effect from a date other than the date specified in Article 19(4) of the Child Support Order.”.

(6) In regulation 15C(7) (notification of a decision made under Article 18 or 19 of the Child Support Order) omit paragraphs (6) to (8).

(7) Omit regulation 15D(8) (procedure in relation to the adjustment of the amount payable under a maintenance calculation).

(8) In regulation 30A(9) (appeals to appeal tribunals in child support cases) for the words from “that an adjustment” to the end substitute “with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance or voluntary payments”.

(9) After Schedule 2C(10) (date from which change of circumstances takes effect where a claimant is entitled to employment and support allowance) insert as Schedule 2D the Schedule set out in Schedule 1 to these Regulations.

Commencement Information

I1 Reg. 6(1)(2)(4)(b)(i)(ii)(6)(7) in operation at 6.4.2009, see reg. 1(1)

I2 Reg. 6(3)(4)(a)(b)(iii)(5)(8)(9) comes into operation in accordance with reg. 1(2)

(1)

S.R. 1999 No. 162; relevant amending Regulations are S.R. 2001 No. 23, S.R. 2002 No. 164, S.R. 2003 Nos. 84 and 224, S.R. 2004 No. 428 and S.R. 2008 Nos. 286 and 404

(2)

Regulation 3A was inserted by regulation 2(4) of S.R. 2001 No. 23. Paragraph (6) was amended by regulation 4(3)(b) of S.R. 2008 No. 404

(3)

Regulation 6A was inserted by regulation 2(7) of S.R. 2001 No. 23 and amended by regulation 3(5) of S.R. 2003 No. 224

(4)

Regulation 6B was inserted by regulation 2(7) of S.R. 2001 No. 23 and amended by regulation 6(3) of S.R. 2002 No. 164 and regulation 5 of S.R. 2004 No. 428

(5)

Paragraph (4)(e) was amended by regulation 6(3) of S.R. 2002 No. 164

(6)

Regulation 7B was inserted by regulation 2(8) of S.R. 2001 No. 23 and is amended by regulation 6(4) of S.R. 2002 No. 164, regulation 7 of S.R. 2003 No. 84, regulation 3(7) of S.R. 2003 No. 224, regulation 22(6) of S.R. 2008 No. 286 and regulation 4(4) of S.R. 2008 No. 404

(7)

Regulation 15C was inserted by regulation 2(9) of S.R. 2001 No. 23

(8)

Regulation 15D was inserted by regulation 2(9) of S.R. 2001 No. 23

(9)

Regulation 30A was inserted by regulation 2(11) of S.R. 2001 No. 23

(10)

Schedule 2C was inserted by regulation 22(14) of S.R. 2008 No. 286