Point in time view as at 03/03/2003.
Social Security Act 1998, Section 40 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
For section 16 of the Child Support Act there shall be substituted the following section—
(1)Any decision of the Secretary of State under section 11, 12 or 17 may be revised by the Secretary of State—
(a)either within the prescribed period or in prescribed cases or circumstances; and
(b)either on an application made for the purpose or on his own initiative;
and regulations may prescribe the procedure by which a decision of the Secretary of State may be so revised.
(2)In making a decision under subsection (1), the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.
(3)Subject to subsections (4) and (5) and section 28ZC, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.
(4)Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.
(5)Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.
(6)Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.”
Commencement Information
I1S. 40 in force at 16.11.1998 for specified purposes and 7.12.1998 in so far as not already in force by S.I. 1998/2780, art. 2(a)(c) (with art. 3(1)-(4) (as amended (2.4.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), Sch. 9 Pt. I))
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