Child Maintenance and Other Payments Act 2008 Explanatory Notes

Section 50:  Appeal to appeal tribunal

418.This section provides that a person who has made a claim for a payment under section 46, will have a right of appeal to an appeal tribunal against a decision made by the Secretary of State on the claim, or a decision made following a reconsideration under section 49.

419.Subsection (2) provides that, subject to regulations under subsection (4)(c), the Secretary of State must refer any appeal to an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998.

420.Subsection (3) provides the tribunal with the power to substitute a decision on matters decided in accordance with Part 4.

421.Subsection (4) provides that regulations may make provision:

  • as to the manner in which, and the time within which, an appeal may be brought;

  • as to the procedure to be followed if an appeal is made; and

  • for the purposes of enabling an appeal to be treated as an application for a reconsideration under section 49.

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