Child Support, Pensions and Social Security Act 2000

Child Support, Pensions and Social Security Act 2000

2000 CHAPTER 19

Part 1: Child Support.

Commentary on Sections

Applications for a variation

Section 8: Revision and supersession of decisions

111. In June 1999, new decision-making and appeals rules were introduced for child support. The intention of these changes was to simplify the decision-making process, to focus decisions on the outcome rather than the process, and to streamline the appeals system. However, in developing the new arrangements, the Government considered that further changes to the 1991 Act were needed to support the new system.

112. In particular, the existing legislation did not always clearly provide for a decision to be made. This in turn made it difficult to frame the rules for the revision and supersession of decisions (in sections 16 and 17 of the 1991 Act) and to indicate clearly the point at issue in providing for a right of appeal (section 20).

113. The new decision-making provisions were introduced by the Social Security Act 1998*. This Act substituted sections 16, 17 and 20 of the 1991 Act as well as introducing a new Schedule 4C which provided for decision-making and appeals in specific cases.

114. The changes to sections 11 and 12 of the 1991 Act (introduced by sections 1 and 4 of this Act) and the new rules for variations in child support liability (sections 5 to 7 of this Act) focus more clearly on the decisions to be made. This in turn enables the revision, supersession and appeals rules to be restructured.

115. This section amends section 16 of the 1991 Act by inserting a subsection (1A) to cover the additional cases of decisions to reduce benefit and decisions of appeal tribunals on variations. This replaces provisions in paragraph 1 of Schedule 4C to the 1991 Act.

116. A reduced benefit decision may be imposed if a parent with care who has claimed or who is receiving Income Support or income-based Jobseeker’s Allowance requests, without good cause, not to be treated as having applied for child support, or fails to provide information or undergo a scientific test – see section 46 of the 1991 Act, as substituted by section 19 of this Act.

117. An appeal tribunal can determine an application for a variation if asked to do so by the Secretary of State. This process is not the same as determining an appeal: there is no provision for the revision of decisions on appeals.

118. This section also inserts a new subsection (1B) into section 16 of the 1991 Act which provides that on revision, a section 12(1) decision may be treated as if made under section 11 of 1991 Act.