Child Support Act 1991

[F1 28ZA Decisions involving issues that arise on appeal in other cases U.K.

(1) This section applies where—

(a) a decision by the [F2 Commission] falls to be made under section 11, 12, 16 or 17 F3 ... ; and

[F4 (b) an appeal is pending against a decision given in relation to a different matter by [F5 the Upper Tribunal] or a court.]

(2) If the [F2 Commission] considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some way—

(a) [F6 it] need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;

(b) [F6 it] may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.

(3) Where the [F2 Commission] acts in accordance with subsection (2)(b), following the determination of the appeal [F6 it] shall if appropriate revise [F7 its] decision (under section 16) in accordance with that determination.

(4) For the purposes of this section, an appeal against a decision is pending if—

(a) an appeal against the decision has been brought but not determined;

(b) an application for leave to appeal against the decision has been made but not determined; or

(c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(5) In paragraphs (a), (b) and (c) of subsection (4), any reference to an appeal, or an application for leave to appeal, against a decision includes a reference to—

(a) an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or

(b) an application to the supervisory jurisdiction of the Court of Session in respect of the decision.]

Textual Amendments

F1 Ss. 28ZA, 28ZB and cross-heading 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), ss. 43, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d)

F2 Word in s. 28ZA substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 22(a); S.I. 2008/2675, art. 3(b)

F3 Words in s. 28ZA(1)(a) repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/1476, art. 2(2)(c)(i)

F4 S. 28ZA(1)(b) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(11)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F5 Words in s. 28ZA(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 87

F6 Word in s. 28ZA substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 22(b); S.I. 2008/2675, art. 3(b)

F7 Word in s. 28ZA substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 22(c); S.I. 2008/2675, art. 3(b)