PART 3DECISION MAKING

CHAPTER 3SUPERSESSION

Effective dates for supersession decisions18.

(1)

This regulation sets out cases and circumstances in which a supersession decision takes effect on a date other than the date mentioned in Article 19(4)32.

(2)

Where the ground for the supersession decision is that a relevant change of circumstances is expected to occur or that a ground for a variation is expected to occur, the decision takes effect from the date on which that change or that ground is expected to occur.

(3)

Where the ground for the supersession decision is that a relevant change of circumstances of the following kind has occurred, the decision takes effect from the date on which the change occurred—

(a)

a child ceases to be a qualifying child, a relevant other child, or a child supported under another arrangement;

(b)

the person with care dies or ceases to be a person with care in relation to a qualifying child;

(c)

the person with care, the non-resident parent or a qualifying child ceases to be habitually resident in the United Kingdom;

(d)

the non-resident parent begins or ceases to receive a benefit mentioned in regulation 43(1) or begins or ceases to be a person who receives, or whose partner receives, a benefit referred to in regulation 43(2).

(4)

Where the ground for the supersession decision is that a relevant change of circumstances affecting the non-resident parent’s current income has occurred and the non-resident parent was required to report that change in accordance with regulations under Article 16(1)33, the decision takes effect from the date on which the change occurred.

(5)

Where the ground for the supersession decision is that there is a new qualifying child in relation to the non-resident parent, the decision takes effect from the date which would be the initial effective date in relation to an application under Article 7 in relation to that child if there were no maintenance calculation already in force.

(6)

Where paragraphs (2) to (5) do not apply—

(a)

if the supersession decision is made on an application by one of the parties, the decision takes effect from the date of the application;

(b)

if the supersession decision is made on the Department’s own initiative on the basis of information provided by a third party, the decision takes effect from the date on which that information is provided; and

(c)

if the supersession decision is made on the Department’s own initiative and sub-paragraph (b) does not apply, the decision takes effect from the date on which it is made.

(7)

In paragraph (3)—

(a)

the reference to a child supported under another arrangement is to a child supported under a qualifying maintenance arrangement mentioned in paragraph 5A of Schedule 134 or a child mentioned in regulation 51; and

(b)

the reference to the date on which a person begins or ceases to receive a benefit is to the date on which entitlement to the benefit commences or ceases.

(8)

This regulation is subject to any provision in Chapter 4 relating to the date from which a supersession decision made under that Chapter takes effect.