Welfare Reform Act 2012

Child Maintenance and Other Payments Act 2008 (c. 6) E+W+S

15 E+W+S The Child Maintenance and Other Payments Act 2008 is amended as follows.

Commencement Information

I1 Sch. 11 para. 15 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 paras. 18, 24

I2 Sch. 11 para. 15 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 8

16 E+W+S In section 49(2) (regulations regarding reconsideration) after “and” there is inserted “ may prescribe ”.

Commencement Information

I3 Sch. 11 para. 16 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 paras. 18, 24

I4 Sch. 11 para. 16 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 8

17 (1) Section 50 (appeals to First-tier Tribunal) is amended as follows. E+W+S

(2) After subsection (1) there is inserted—

“(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.”

(3) In subsection (4)(c) after “an appeal under subsection (1)(a)” there is inserted “ (or, where in accordance with regulations under subsection (1A) there is no right of appeal, any purported appeal) ”.

Commencement Information

I5 Sch. 11 para. 17 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 paras. 18, 24

I6 Sch. 11 para. 17 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 8

18 (1) Section 53 (regulations under Part 4) is amended as follows. E+W+S

(2) After subsection (2) there is inserted—

“(2A) The power to make regulations under section 50(1A) may be exercised—

(a) in relation to all cases to which it extends, in relation to those cases but subject to specified exceptions or in relation to any specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);

(ii) the same provision for all cases, different provision for different cases or classes of case or different provision as respects the same case or class of case but for different purposes of this Act;

(iii) provision which is either unconditional or is subject to any specified condition.”

(3) In subsection (3) after “section 46” there is inserted “ or 50(1A) ”.

Commencement Information

I7 Sch. 11 para. 18 in force at 25.2.2013 for specified purposes by S.I. 2013/358, art. 2(1), Sch. 1 paras. 18, 24

I8 Sch. 11 para. 18 in force at 29.4.2013 in so far as not already in force by S.I. 2013/983, art. 8