Reviews and appeals

C4C1C220F1 Appeals to F5First-tier Tribunal.

1

A qualifying person has a right of appeal to F6the First-tier Tribunal against—

a

a decision of the F10Secretary of State under section 11, 12 or 17 (whether as originally made or as revised under section 16);

b

a decision of the F10Secretary of State not to make a maintenance calculation under section 11 or not to supersede a decision under section 17;

F2c

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

d

the imposition (by virtue of section 41A) of a requirement to make penalty payments, or their amount;

e

the imposition (by virtue of section 47) of a requirement to pay fees.

2

In subsection (1), “qualifying person” means—

a

in relation to paragraphs (a) and (b)—

i

the person with care, or non-resident parent, with respect to whom the F11Secretary of State made the decision, or

ii

in a case relating to a maintenance calculation which was applied for under section 7, either of those persons or the child concerned;

F3b

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

c

in relation to paragraph (d), the parent who has been required to make penalty payments; and

d

in relation to paragraph (e), the person required to pay fees.

C33

A person with a right of appeal under this section shall be given such notice as may be prescribed of—

a

that right; and

b

the relevant decision, or the imposition of the requirement.

C34

Regulations may make—

a

provision as to the manner in which, and the time within which, appeals are to be brought; F7...

F7b

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

C35

The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.

F46

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

C37

In deciding an appeal under this section, F9the First-tier Tribunal—

a

need not consider any issue that is not raised by the appeal; and

b

shall not take into account any circumstances not obtaining at the time when the F12Secretary of State made the decision or imposed the requirement.

C38

If an appeal under this section is allowed, the F8First-tier Tribunal may—

a

itself make such decision as it considers appropriate; or

b

remit the case to the F13Secretary of State, together with such directions (if any) as it considers appropriate.