Social Security Act 1998

41 Child support: decisions superseding earlier decisions

For sections 17 to 19 of the Child Support Act there shall be substituted the following section—

“17 Decisions superseding earlier decisions

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

(a) any decision of the Secretary of State under section 11 or 12 or this section, whether as originally made or as revised under section 16;

(b) any decision of an appeal tribunal under section 20; and

(c) any decision of a Child Support Commissioner on an appeal from such a decision as is mentioned in paragraph (b),

may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative.

(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) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.

(4) Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.

(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.”

Commencement Information

I1 S. 41 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I2 S. 41 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(d) (with arts. 48-51)