Child Maintenance and Other Payments Act 2008

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.

[F2 (1A) Regulations may provide that, in such cases or circumstances as may be prescribed, a person may appeal against a determination made on a claim only if the Secretary of State has decided whether to reconsider the determination under section 49.

(1B) The regulations may in particular provide that that condition is met only where—

(a) the decision of the Secretary of State was on an application,

(b) the Secretary of State considered issues of a specified description, or

(c) the decision of the Secretary of State satisfied any other condition specified in the regulations.]

(2) Subject to regulations under subsection (4)(c), the Secretary of State must refer any appeal to [F3 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) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) for the purpose of enabling an appeal under subsection (1)(a)[F5 (or, where in accordance with regulations under subsection (1A) there is no right of appeal, any purported appeal)] 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 S. 50(1A)(1B) inserted (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 11 para. 17(2) (with s. 102(7)-(9)); S.I. 2013/358, art. 2(1), Sch. 1 paras. 18, 24; S.I. 2013/983, art. 8

F3 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)

F4 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)

F5 Words in s. 50(4)(c) inserted (25.2.2013 for specified purposes, 29.4.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 11 para. 17(3); S.I. 2013/358, art. 2(1), Sch. 1 paras. 18, 24; S.I. 2013/983, art. 8

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.