The Social Security, Child Support and Mesothelioma Lump Sum Payments (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2016

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations

2.—(1) The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992(1) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 10(2) (notification of a new or a fresh maintenance assessment) after paragraph (4) add—

“(5) Paragraphs (2) to (4) apply in the case of a decision in respect of which there is no right of appeal as the result of regulation 16A (consideration of revision before appeal) as they apply in the case of a decision which may be appealed under Article 22 of the Order (as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000).”.

(3) After regulation 16(3) (revision of decisions) insert—

“Consideration of revision before appeal

16A.— (1) This regulation applies in a case where—

(a) the Department gives a person written notice of a decision; and

(b) that notice includes a statement to the effect that there is a right of appeal against the decision only if the Department has considered an application for a revision of the decision.

(2) In a case to which this regulation applies, a person has a right of appeal under Article 22 of the Order against the decision only if the Department has considered on an application whether to revise the decision under Article 18 of the Order.

(3) The notice referred to in paragraph (1) must inform the person of the time limit specified in regulation 16(1) for making an application for a revision.

(4) Where, as the result of paragraph (2), there is no right of appeal against a decision, the Department may treat any purported appeal as an application for a revision under Article 18 of the Order.

(5) In this regulation “decision” means a decision mentioned in Article 22 of the Order (as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000).”.

(4) In regulation 17 (late application for a revision)—

(a) in paragraph (4)(b) at the end insert “except in a case to which regulation 16A applies”; and

(b) in paragraph (6) after “extension of time” insert “, except in a case to which regulation 16A applies”.

(1)

S.R. 1992 No. 340 was revoked, with savings, by regulation 9(2) of, and the Schedule to, S.R. 2012 No. 438 (see also regulation 1(1)(c) of those Regulations).

(2)

Regulation 10 was amended by regulation 4(4) of S.R. 1995 No. 19, regulation 8(4) of S.R. 1995 No. 162, regulation 3(5) of S.R. 1995 No. 475, regulation 50 of S.R. 1996 No. 541, regulation 2(9) of S.R. 1999 No. 167 and Article 8(3) of S.R. 1999 No. 246 (C. 20).

(3)

Regulations 16 and 17 were substituted by regulation 2(12) of S.R. 1999 No. 167.