SCHEDULES

C1F1SCHEDULE 4CDecisions and Appeals: Departure Directions and Reduced Benefit Directions etc.

Annotations:
Amendments (Textual)
F1

Sch. 4C inserted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 54; S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(g)(v)

Modifications etc. (not altering text)

Cases of error

6

1

Subject to sub-paragraph (2) below, section 28ZC shall also apply where—

a

the effect of the determination, whenever made, of an appeal to a Child Support Commissioner or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and

b

after the date of the relevant determination a decision falls to be made by the Secretary of State in accordance with that determination (or would, apart from this paragraph, fall to be so made)—

i

in relation to an application for a departure direction (made after the commencement date);

ii

as to whether to revise, under section 16 as extended by paragraph 1, a decision (made after the commencement date) in relation to a departure direction, a reduced benefit direction or a person’s liability under section 43; or

iii

on an application made under section 17 as extended by paragraph 2 before the date of the relevant determination (but after the commencement date) for a decision in relation to a departure direction, a reduced benefit direction or a person’s liability under section 43 to be superseded.

2

Section 28ZC shall not apply where the decision of the Secretary of State mentioned in sub-paragraph (1)(b) above—

a

is one which, but for section 28ZA(2)(a) as it applies by virtue of paragraph 4(1), would have been made before the date of the relevant determination; or

b

is one made in pursuance of section 28ZB(3) or (5) as it applies by virtue of paragraph 5(1).

3

Section 28ZC as it applies by virtue of sub-paragraph (1) shall have effect as if in subsection (4), in the definition of “adjudicating authority”, at the end there were inserted the words “or, in the case of a decision made on a referral under section 28D(1)(b), an appeal tribunal”.

4

In this paragraph “adjudicating authority”, “the commencement date” and “the court” have the same meanings as in section 28ZC.