Child Maintenance and Other Payments Act 2008 (c. 6)

Part 4 E+W+S Lump sum payments: mesothelioma etc.

Mesothelioma lump sum payments E+W+S

50 Appeal to [F1 First-tier Tribunal] E+W+S

(1) A person who has made a claim under section 46 may appeal against a determination made by the Secretary of State—

(a) on the claim, or

(b) on reconsideration under section 49 of a determination made on the claim.

(2) Subject to regulations under subsection (4)(c), the Secretary of State must refer any appeal to [F2 the First-tier Tribunal]

(3) On an appeal the tribunal may substitute for the determination concerned any determination which could have been made in accordance with this Part.

(4) Regulations may make provision—

(a) as to the manner in which, and the time within which, an appeal may be made;

(b) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) for the purpose of enabling an appeal under subsection (1)(a) to be treated as an application for reconsideration under section 49 of the determination made on the claim.

Textual Amendments

F1 S. 50 heading: words substituted (3.11.2003) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 226(a)

F2 Words in s. 50(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 226(b)

F3 S. 50(4)(b) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 226(c)

Commencement Information

I1 S. 50 wholly in force; s. 50 not in force at Royal Assent see s. 62; s. 50(4)(c) in force for certain purposes at 10.6.2008 and otherwise at 1.10.2008 by S.I. 2008/1476, art. 3(1)(a){(2)(a)}, Sch.