Reviews and appeals

17F1Decisions superseding earlier decisions

1

Subject to subsection (2), the following, namely—

a

any decision of the F14Secretary of State under section 11 or 12 or this section, whether as originally made or as revised under section 16;

b

any decision of F10an appeal tribunal orF7the First-tier Tribunal under section 20; F4...

F5c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2d

any decision of F11an appeal tribunal orF8the First-tier Tribunal on a referral under section 28D(1)(b);

e

any decision of F12a Child Support Commissioner orF9the Upper Tribunal on an appeal from such a decision as is mentioned in paragraph (b) or (d),

may be superseded by a decision made by the F6Commission, either on an application made for the purpose or on F14the Secretary of State’s own initiative.

F172

The Secretary of State may by regulations make provision with respect to the exercise of the power under subsection (1).

F173

Regulations under subsection (2) may, in particular—

a

make provision about the cases and circumstances in which the power under subsection (1) is exercisable, including provision restricting the exercise of that power by virtue of change of circumstance;

b

make provision with respect to the consideration by the F16Secretary of State, when acting under subsection (1), of any issue which has not led to F16the Secretary of State's so acting;

c

make provision with respect to procedure in relation to the exercise of the power under subsection (1).

F34

Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the beginning of the maintenance period in which it is made or, where applicable, the beginning of the maintenance period in which the application was made.

4A

In subsection (4), a “maintenance period” is (except where a different meaning is prescribed for prescribed cases) a period of seven days, the first one beginning on the effective date of the first decision made by the F15Secretary of State under section 11 or (if earlier) F15the Secretary of State’s first default or interim maintenance decision (under section 12) in relation to the non-resident parent in question, and each subsequent one beginning on the day after the last day of the previous one.

5

Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.

F136

In this section—

  • “appeal tribunal” means an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (the functions of which have been transferred to the First-tier Tribunal);

  • “Child Support Commissioner” means a person appointed as such under section 22 (the functions of whom have been transferred to the Upper Tribunal).